Sathish @ Sathishkumar Vs The State of Tamilnadu Rep. by — Madras HC (2025) — LawSathi Research

Sathish @ Sathishkumar Vs The State of Tamilnadu Rep. by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Original Petition ordered accordingly: direction to the learned II Additional Sessions Judge (PCR Court), Tirunelveli to consider the petitioner's bail application on the same day of his surrender in connection with Crime No. 235 of 2025; petitioner to surrender within fifteen days with advance intimation to the Public Prosecutor and the victim; disposal to weigh gravity of offence, previous antecedents and due opportunity to the victim under Section 15-A.

Issue for consideration

Whether the II Additional Sessions Court (PCR Court), Tirunelveli should be directed to accept the petitioner's surrender in connection with Crime No.235 of 2025 and consider his bail application on the same day of surrender, in the face of the bar under Section 18 of the SC/ST (POA) Act. +1 more

Court's answer

Directed the learned II Additional Sessions Judge (PCR Court), Tirunelveli to consider the petitioner's bail application on the same day of his surrender in connection with Crime No. 235 of 2025 and pass appropriate orders in accordance with law.

Ratio / Principle

Issued the direction in view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and taking into consideration the facts of the case.

Key takeaways

The Court below, while disposing of the bail petition, shall consider the gravity of the offence and the previous antecedent of the petitioner.ratio¶28
The Court below shall pass orders on the bail petition after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.ratio¶28
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 the order.ratio

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (Sunder Mohan, J.) — Crl.O.P.(MD)No.14809 of 2025, decided 09.09.2025. Petition under Section 528 of BNSS, 2023 by Sathish @ Sathishkumar, Accused No.2 in Crime No.235 of 2025 (Pettai Police Station, Tirunelveli City; charges under Sections 189(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015), praying that the II Additional Sessions Court (PCR Court), Tirunelveli accept his surrender and consider his bail application the same day. Observing that the injured had been discharged from hospital, and acting in view of the specific bar under Section 18 of the SC/ST (POA) Act, 1989 and the facts of the case, the Court directed the PCR Court to consider the bail application on the day of surrender and pass orders in accordance with law, weighing the gravity of the offence and the petitioner's previous antecedents and affording due opportunity to the victim under Section 15-A. Surrender was to occur within fifteen days, with advance notice to the Public Prosecutor and the victim. Petition ordered accordingly.

Crl.O.P.(MD)No.14809 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

Crl.O.P.(MD).No.14809 of 2025

Sathish @ Sathishkumar

... Petitioner/Accused No.2

Vs.

1.The State of Tamil Nadu, Represented by, The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City. (Crime No.235 of 2025) ... Respondents 1 & 2/Complainant

3.Lakshmi Narayanan ...3^rd Respondent/ Defacto Complainant

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023,

to direct the learned II Additional Sessions Court (PCR Court), Tirunelveli to accept the surrender of the petitioner in connection with Crime No.235 of 2025, pending investigation on the file of the 2^nd respondent police and to consider his bail application on the same day of surrender.

1/5

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

Crl.O.P.(MD)No.14809 of 2025

For Petitioner : Mr.C.Venkatesh For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned II Additional Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner in connection with Crime No.235 of 2025, pending investigation on the file of the 2^nd respondent police and to consider his bail application on the same day of surrender.

The learned counsel for the petitioner would submit that the injured has been discharged from the hospital.

The learned Additional Public Prosecutor confirms the aforesaid fact.

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 II Additional Sessions Judge (PCR Court), Tirunelveli to consider the petitioner's

2/5

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

Crl.O.P.(MD)No.14809 of 2025

bail application on the same day of his surrender in connection with Crime No. 235 of 2025 registered for the offences under Section 189(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023, Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 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 to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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.

This Criminal Original Petition is ordered accordingly.

09.09.2025

NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm

3/5

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

Crl.O.P.(MD)No.14809 of 2025

To

1.The II Additional Sessions Court (PCR Court), Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

3.The Inspector of Police, Pettai Police Station, Tirunelveli City.

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.14809 of 2025 SUNDER MOHAN, J.

Lm

Crl.O.P(MD).No.14809 of 2025

09.09.2025

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

5/5