Madras High CourtCRL OP(MD)/19027/2025ordered

Muthu Kumar v. The Assistance Commissioner Of Police,

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19027 of 2025 Muthu kumar ... Petitioner/ Accused No.8 Vs.

1.The Assistance Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The State of Tamilnadu, Represented through by, The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli.

(Crime No.612 of 2025) ... Respondents1 & 2/Complainants 3.Mano Selvam ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, To direct the learned II-Additional District Judge cum Special Judge for PCR Cases, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.612 of 2025 on the file of the 2nd respondent police. For Petitioner : Mr.M. Siva Sankar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned II-Additional District Judge cum Special Judge for PCR Cases, Tirunelveli, to consider his bail application on the

same day of his surrender in Crime No.612 of 2025 on the file of the 2nd respondent.

2. Since this Court is directing the Court below to consider the bail application after giving notice to the victim, notice to the victim in this case is dispensed with.

3. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the facts of the case, there shall be a direction to the learned IIAdditional District Judge cum Special Judge for PCR Cases, Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.612 of 2025 for the offences under Sections 189(2), 126(2), 296(b), 115(2) and 351(3) of BNS, 2023 and Sections 3(1), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioner and pass orders, after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

4. The petitioner shall surrender before the concerned jurisdictional Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioner shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

5. This Criminal Original Petition is ordered accordingly. 05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The II Additional District Judge cum Special Judge for PCR Cases, Tirunelveli.

2.The Assistance Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.19027 of 2025 05.11.2025