Murugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19842 of 2025 Murugan ... Petitioner/Sole Accused Vs.

1.State of Tamil Nadu rep. by, The Deputy Superintendent of Police, Sankarankovil Sub Division, Tirunelveli District.

2.The Inspector of Police, K V Nallur Police Station, Tenkasi District.

(Crime No.787/2025) ... Respondents 1 & 2/Complainants 3.Senthivel ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Court, Tenkasi to consider the petitioner's bail application on the same day of surrender in Crime No.787 of 2025 dated 25.10.2025 on the file of the 2nd respondent police. For Petitioner : Mr.K.Prabhu For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the learned Principal District and Sessions Judge, Tenkasi to consider his bail application on the same day of his surrender in Crime No.787 of 2025 on the file of the second 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 Principal District and Sessions Judge, Tenkasi to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.787 of 2025 for the offences under Section 296(b), 351(3) 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 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 2/5

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 Principal District and Sessions Court, Tenkasi.

2.The Deputy Superintendent of Police, Sankarankovil Sub Division, Tirunelveli District.

3.The Inspector of Police, K V Nallur Police Station, Tenkasi District.

3/5

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

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.19842 of 2025 12.11.2025 5/5