Soundrapandiyan Vs The State of Tamilnadu Rep. by

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to an order permitting the petitioners to surrender before the learned Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989/Sessions Judge (FAC), Madurai in Cr.NO.142 of 2025 on the file of the 2nd respondent Police and file an application for grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law.

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

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Crl.O.P.(MD)No.13925 of 2025

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For Petitioner : Mr. Keerthi Prasanna. M, For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side)

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O R D E R

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The petitioner is accused in Crime No.142 of 2025, on the

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file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 191(2), 296(b), 115(2), 351() of BNS, 2023 and 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore, the petitioner has filed this petition seeking a direction to the Special Court concerned to dispose of his bail application on the date of his surrender.

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2.The learned counsel for the petitioner submits that the petitioner said to have parked his vehicle in the Mochikulam Bharat Petrol bunk, which was questioned by the petrol bunk employees and therefore, there was a clash between the petitioner and the employees of the petrol bunk. Hence, the case.

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

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Crl.O.P.(MD)No.13925 of 2025

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3.The learned counsel for the petitioner submits that for the occurrence said to have taken place on 19.07.2025, the complaint has been lodged on 29.07.2025 after a period of 10 days. He also submitted that that this petitioner is not aware of the community of the persons, who are working in the petrol bunk. However, in order to make the complaint in this nature, they have added the provisions under the SC/ST (POA) Act. 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 submitted that this Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed on the same day of his surrender and therefore, by relying upon the similar orders, the petitioner prayed for similar directions.

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4.Mr.P.Kottaichamy, learned Government Advocate

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(Crl.side), who takes notice for the respondents 1 & 2 has also 3/6

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

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Crl.O.P.(MD)No.13925 of 2025

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confirmed that for the alleged occurrence took place on 19.07.2025, the complaint has been lodged on 29.07.2025. He further submits that no one is injured in this case.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant relief to the petitioner.

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6.Accordingly, this Criminal Original Petition is allowed. The petitioner is directed to surrender before the learned Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989/Sessions Judge (FAC), Madurai, 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 his surrender, enabling the complainant to submit his arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific 4/6

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

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Crl.O.P.(MD)No.13925 of 2025

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modes. The bail application in any event shall be disposed on merits on the same day.

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21.08.2025

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NCC : Yes/No Index : Yes/No vrn

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To