Subbuthai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.20213 of 2025 Subbuthai ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Rajapalayam Sub Division, Virudhunagar District.

2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

Cr.No.569 of 2025.

... Respondents 1 & 2/Complainants 3.Veerakalai ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned District and Sessions Judge (Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases (PCR Court), Virudhunagar District at Srivilliputhur to consider the bail application of the petitioner on the same day of surrender in Crime No.569 of 2025 on the file of the second respondent Police Station.

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For Petitioner : Mr.R.Karunanidhi For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

The petitioner seeks a direction to the learned District and Sessions Judge (Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases (PCR Court), Virudhunagar District at Srivilliputhur, to consider his bail application on the same day of his surrender in Crime No.569 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 District and Sessions Judge (Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases (PCR Court), Virudhunagar District at Srivilliputhur, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.569 of 2025 for the offences under 2/5

Section 296(b), 118(1) and 351(3) 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. 14.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The District and Sessions Court, (Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases (PCR Court), Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Rajapalayam Sub Division, Virudhunagar District.

3.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.20213 of 2025 14.11.2025 5/5