Madras High CourtCRL OP(MD)/19151/2025ordered

Suresh Kumar, v. State Of Tamil Nadu, Rep. By The Deputy Superintendent 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.19151 of 2025 Suresh kumar ... Petitioner/ Sole Accused Vs.

1.The State of Tamil Nadu, Rep. by its The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.

2.The Inspector of Police, Karur Police Station, Pudukkottai District (Crime No.31/2025) .....1st and 2nd Respondents/Complainant

3. Vijayakumar ... 3rd Respondent/ Defacto Complainant 4.Senthilkumar ...4th Respondent/Victim Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, To direct the Special Session Court for Exclusive trial for SC and ST Act Case (PCR Act Cases), Pudukkottai District to accept the surrender of the petitioner and consider his bail application on the same day on merit in connection with Crime No. 31 of 2025 dated 28.09.2025 on the file of the 2nd respondent herein. For Petitioner : Mr.S.Sathyachidambaram For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the Special Session Court for exclusive trial of SC and ST Act Case (PCR Act Cases), Pudukkottai District, to consider his bail application on the same day of his surrender in Crime No.31 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 Special Session Court for Exclusive trial of SC and ST Act Case (PCR Act Cases), Pudukkottai District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.31 of 2025 for the offences under Section 296(b), 115(2), 351(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 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 Special Session Court for Exclusive Trial of SC and ST Act Case (PCR Act Cases), Pudukkottai District.

2.The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.

3.The Inspector of Police, Karur Police Station, Pudukkottai District.

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

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.19151 of 2025 05.11.2025