Madras High CourtCRL OP(MD)/19398/2025ordered

Ayyarau v. State Of Tamilnadu 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

1. Ayyarau,

2. Sivakumar,

3. Sakthivel,

4. Vetrivel,

5. Velayutham,

6. Shanmugarasu,

7. Sakthivel,

8. Ramaiah, ... Petitioners Vs.

1. State of Tamilnadu Rep.By The Deputy Superintendent of Police,, Thiruaiyaru, Thanjavur District.

2. State of Tamilnadu Rep by Inspector of Police, Budalur, Police Station, Thanjavur District.

Crime No.220 of 2025.

3. Subramanian ... Respondents PRAYER :- This Petition is filed under Section 582 BNSS, to direct the Special Court for Trial of cases under SC/ST (POA) Act, Thanjavur District to consider and dispose of the bail application to be filed by the petitioners on the same day of its filing on his surrender in connection with the case in Crime No.220 of 2025 on the file of the 2nd respondent. 1/4

For Petitioners : Mr.M. Yesudasan, For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Special Judge for Trial of cases under SC/ST (POA) Act, Thanjavur District and to consider and dispose of their bail application in Crime No.220 of 2025 on the file of the 2nd respondent herein on the same day of their surrender before the said Court.

2. 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 Special Judge for Trial of cases under SC/ST (POA) Act, Thanjavur District to consider the petitioners' bail application on the same day of his surrender in connection with Crime No.220 of 2025 registered for the offences under Sections 191(2), 296(b), 126(2), 351(3) of BNS, 2023 (corresponding to Sections 148, 294(b), 342, 506(ii) I.P.C), and read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of 2/4

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 petitioners and pass orders, after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

3. The petitioners 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 petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

4. This Criminal Original Petition is ordered accordingly. 05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS 3/4

SUNDER MOHAN,J LS TO

1. The Special Judge for Trial of cases under SC/ST (POA) Act, Thanjavur District

2. The Deputy Superintendent of Police,, Thiruaiyaru, Thanjavur District.

3. The Inspector of Police, Budalur Police Station, Thanjavur District.

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

CRL OP(MD) No.19398 of 2025 05.11.2025 4/4