Disposed¶29

M.Abishek Arumugam v. The State of Tamilnadu

Madras HC19 Aug 2025CRL OP(MD)/13769/2025

Case brief

AI extract

What is this about?

Same-day bail application direction upon surrender; Section 528 BNSS petition; Section 18 SC/ST (POA) Act bar on anticipatory bail; BNS 2023 Sections 191(2), 296(b), 118(1), 351(3); SC/ST (POA) Act Sections 3(1)(r), 3(1)(s), 3(2)(va); Crime No.449 of 2025; Kadayanallur Police Station; Tenkasi; Principal District and Sessions Judge (PCR); petitioner not arrayed as accused; petition closed; Madurai Bench of Madras High Court; Justice B.Pugalendhi; decided 19.08.2025.

What did the court decide?

Recording the learned Government Advocate's (Crl. Side) submission that the petitioner is not arrayed as an accused in Crime No.449 of 2025, the Court closed the Criminal Original Petition without issuing the direction sought. ¶29

M.Abishek Arumugam Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

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Crl.O.P.(MD)No.13769 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.08.2025

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CORAM :

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THE HON`BLE MR.JUSTICE B.PUGALENDHI

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Crl.OP(MD)No.13769 of 2025

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M.Abishek Arumugam ... Petitioner/Accused Rank

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Not Known

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Vs.

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1.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

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2.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. Crime No.449/2025. ...Respondent Nos.1 and 2/ Complainants

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3.Vignesh

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... Respondent No.3/Defacto Complainant

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Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct to the Prinicpal District and Sessions Judge (PCR), Thenkasi, to consider the petitioner's bail application and his surrender on the same day in Crime No.449 of 2025 on the file of the 2^nd respondent.

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https://www.mhc.tn.gov.in/judis

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1/5

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Crl.O.P.(MD)No.13769 of 2025

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For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

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ORDER

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The petitioner is an accused (rank not known) in Crime No. 449 of 2025 on the file of the second respondent Police. The said case was registered for the offences under Sections 191(2), 296(b), 118(1), 351(3) of BNS , 2023 r/w. Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. Therefore, the petitioner has filed this petition seeking a direction to the learned Prinicpal District and Sessions Judge (PCR), Thenkasi, to consider his bail application on the same day of his surrender.

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2.The case of the prosecution is that the petitioner and the named accused Kumar are friends. On 30.07.2025, the said Kumar dashed the defacto complainant and threatened him by using his caste name and he brutally attacked the defacto complainant along with five other students. Hence, a case has been foisted under the provisions of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

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https://www.mhc.tn.gov.in/judis

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2/5

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Crl.O.P.(MD)No.13769 of 2025

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3.The learned counsel for the petitioner also submits that Section 18

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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.

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