Crl.O.P.(MD)No.9045 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025 CORAM THE HONOURABLE MR. JUSTICE P.VADAMALAI Crl.O.P.(MD)No.9045 of 2025 1.Periyaiya, S/o.Karuppaiya 2.Balraj, S/o.Karuppaiya ... Petitioners / Accused Rank Not Known Vs. 1.The State of Tamil Nadu, Rep by the Deputy Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The State of Tamil Nadu, Rep by the Inspector of Police, Udaiyalipatti Police Station, Pudukkottai District. (Crime No.36 of 2025) ...1st & 2nd Respondents / Complainants 3.Vijayalakshmi, D/o.Gunasekaran ... 3rd Respondent / Defacto Complainant 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9045 of 2025 PRAYER: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to direct the learned District and Sessions Court (P.C.R. Court), Pudukkottai to consider the bail application for the petitioners on the same day of their surrender before the Court in connection with Crime No.36 of 2025 on the file of the second respondent police. For Petitioners : M/s.A.Banumathy, Advocate For R1 and R2 : Mr.K.Gnanasekaran, Government Advocate (Criminal Side) **** ORDER This petition has been filed seeking for a direction to the learned District and Sessions Court (P.C.R. Court), Pudukkottai, to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.36 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 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9045 of 2025 also taking into consideration the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned District and Sessions Court (P.C.R. Court), Pudukkottai, to consider the petitioners' bail applications on merits, preferably on the same day of their surrender in connection with Crime No.36 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order. 3. It is needless to say that the Court below, while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9045 of 2025 4. With the above direction, the Criminal Original Petition stands allowed. 21.05.2025 (PVMJ) NCC : Yes/No Index : Yes/No Internet : Yes/No pal To 1.The District and Sessions Court (P.C.R. Court), Pudukkottai. 2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District. 3.The Inspector of Police, Udaiyalipatti Police Station, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9045 of 2025 P.VADAMALAI , J. pal Order made in Crl.O.P.(MD)No.9045 of 2025 21.05.2025 5/5 https://www.mhc.tn.gov.in/judis