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Madras High CourtCRL OP(MD)/20501/2025ordered

Chowkath Ali @ Showkath Ali v. The State Of Tamil Nadu

2025-11-19Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Chowkath Ali @ Showkath Ali ... Petitioner Vs 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Lalgudi, Trichy District.

2.The Inspector of Police, Kanakiliyanallur Police Station, Trichy District.

Cr.No.234 of 2025.

3.Arumugam ... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned I Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.234 of 2025, registered on 27.10.20258 on the file of the second respondent police for the alleged offences under Sections 318, 319, 335, 336(3) of BNS Act, 2023 1/5

(Corresponding Sections 420, 416, 464 and 468 of IPC) r/w Sections 3(1)(f), 3(1)(g), 3(2)(va) of SC/ST (POA) Act, 1989 and for other reliefs.

For Petitioner : Mr.D.S.Haroon Rasheed, Advocate For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned I Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy, to consider his bail application on the same day of surrender in Crime No.234 of 2025 on the file of the second respondent Police.

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 I Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy, to consider the petitioner's bail application 2/5

on the same day of his surrender in connection with Crime No.234 of 2025 registered for the offences under Sections 318, 319, 335, 336(3) of BNS Act, 2023 and Sections 3(1)(f), 3(1)(g), 3(2)(va) of SC/ST (POA) 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. 3.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.

4. This Criminal Original Petition is ordered accordingly. 19.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp 3/5

TO 1.The I Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Lalgudi, Trichy District.

3.The Inspector of Police, Kanakiliyanallur Police Station, Trichy District.

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

4/5

SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.20501 of 2025 Date : 19/11/2025 5/5