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Madras High CourtCRL OP(MD)/19967/2025ordered

Panneerselvam v. The State Of Tamilnadu Rep.By,

2025-11-12Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19967 of 2025 Panneerselvam ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District.

(In Crime No.537 of 2025) ... Respondents 1 & 2/Complainants 3.Gandhi ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Thanjavur to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in Crime No.537 of 2025, dated 09.10.2025 on the file of the second respondent police. For Petitioner : Mr.V.Subash Chandra Bose For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Thanjavur to accept his surrender and consider his bail application and grant bail on the same date of surrender itself in Crime No.537 of 2025 dated 09.10.2025 on the file of the second respondent police.

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 Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Thanjavur to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.537 of 2025 for the offences under Section 296(b), 115(2), 351(2) of BNS, 2023, Section 3(1)(r) and Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say 2/5

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. 12.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Special Court for the Exclusive Trial of the SC/ST (Prevention of Atrocities) Act Cases, Thanjavur.

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2.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

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

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.19967 of 2025 12.11.2025 5/5