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Crl.O.P.(MD)No.23922 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.12.2025

CORAM :

THE HON`BLE MR.JUSTICE M.JOTHIRAMAN

Crl.OP(MD)No.23922 of 2025

Sivachandran ... Petitioner

Vs.

1.The State of Tamilnadu,

Rep. by the Deputy Superintendent of Police,

Thoothukudi Town,

Thoothukudi District.

2.The Inspector of Police,

Thazhamuthunagar Police Station,

Thoothukudi District.

(Crime No.803 of 2025)

3. Vasanth ... Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS,

to direct the learned District and Sessions Judge, Special Court for

Exclusive trial of cases under SC/ST Act, (PCR Court), Thoothukudi,

to accept the surrender of the petitioner and consider the bail

application on the same day on merit relating to Crime No.803 of

2025, dated 30.11.2025.

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Crl.O.P.(MD)No.23922 of 2025

For Petitioner : Mr.G.Radhakrishnan

For R1 & R2 : Mr.S.Prakash

Government Advocate (Crl. Side)

ORDER

The petitioner is the sole accused in Crime No.803 of 2025

on the file of the second respondent Police. The said case was

registered for the offences under Sections 296(b), 115(2) and

351(3) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the

Schedule Caste and Schedule Tribes (Prevention of Atrocities)

Act, 2015. Therefore, the petitioner has filed this petition seeking

a direction to the learned District and Sessions Judge, Special Court

for Exclusive trial of cases under SC/ST Act, (PCR Court),

Thoothukudi, to consider his bail application on the same day of

his surrender.

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Crl.O.P.(MD)No.23922 of 2025

2.The learned counsel for the petitioner also submits that

Section 18 of the SC/ST (POA) Act prohibits grant of

anticipatory bail in the cases registered under the SC/ST (POA)

Act. He further submits that this case is a foisted one and the

petitioner will prove his innocence. In view of the bar under

Section 18 of the SC/ST (POA) Act, the petitioner is inclined to

surrender before the Special Court concerned and to seek regular

bail. However, the petitioner seeks a direction for disposal of the

bail application on the same day. He further submits that this

Court in similar circumstances had issued directions to the

Courts concerned where FIR is pending, to consider the bail

application filed by the accused on the same day of his

surrender.

3.The learned Government Advocate (Crl. Side) appearing

for the official respondents submits that the injuries suffered by

the defacto complainant are simple in nature and he has been

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Crl.O.P.(MD)No.23922 of 2025

discharged from the hospital.

4. This Court has considered the submissions made on either

side and perused the available materials placed before this

Court.

5. Considering the submissions made on either side, the

petitioner is directed to surrender before the learned District and

Sessions Judge, Special Court for Exclusive trial of cases under

SC/ST Act, (PCR Court), Thoothukudi within a period of two

weeks from the date of receipt of a copy of this order and the

learned Judge of the Special Court is directed to entertain the bail

application if any filed by the petitioner on the same day. In the

meantime, the petitioner shall serve a copy of the bail petition

well in advance to the defacto complaint along with the

proposed date of their surrender, enabling the complainant to

submit their arguments, if any. The Public Prosecutor concerned

is expected to be available in the Court and the Public Prosecutor

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Crl.O.P.(MD)No.23922 of 2025

can very well get instructions with the available scientific modes.

It is made clear that the direction issued by this Court does not

mean that to consider the bail application positively. The bail

application in any event shall be disposed on merits on the same

day.

6.

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