Allowed¶29

S.Gokul v. The Deputy Superintendent of Police

Madras HC7 Nov 2025CRL OP(MD)/19592/2025

Case brief

AI extract

What is this about?

Same-day bail consideration on surrender despite Section 18 SC/ST Act bar; Section 528 BNSS direction; PCR Act Cases court Thanjavur; Crime No.604 of 2025; BNS 2023 Sections 296(b), 115(2), 351(2); SC/ST (Prevention of Atrocities) Act Sections 3(1)(r), 3(1)(s), 3(2)(va); victim hearing under Section 15-A SC/ST (POA) Act; surrender within 15 days; notice to Public Prosecutor and victim; Madras High Court Madurai Bench; Sunder Mohan J.

What did the court decide?

Direction to the learned Additional District and Sessions Judge for PCR Act Cases, Thanjavur District, to consider the petitioner's bail application on the same day of his surrender in Crime No.604 of 2025 and pass appropriate orders in accordance with law, with the petitioner to surrender within fifteen days after informing the Public Prosecutor and the victim in advance. ¶29

S.Gokul Vs The Deputy Superintendent of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the Court should direct the Additional District and Sessions Judge for PCR Act Cases, Thanjavur District, to consider the petitioner's bail application on the same day of his surrender in Crime No.604 of 2025, given the bar under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989.

¶21

Court's answer

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, the learned Additional District and Sessions Judge for PCR Act Cases, Thanjavur District was directed to consider the petitioner's bail application on the same day of his surrender in Crime No.604 of 2025 and pass appropriate orders in accordance with law.

¶22

Ratio / Principle

While disposing the bail petition, the Court below shall consider the gravity of the offence and the previous antecedent of the petitioner.

¶22

Key takeaways

The Court below shall pass orders after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.ratio¶27
The petitioner shall surrender before the concerned jurisdictional Court within fifteen (15) days from the date of receipt of a copy of the order.ratio¶28
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.ratio

Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 BNSS by the sole accused in Crime No.604 of 2025 (Thruvidaimarudhur Police Station, Thanjavur District), registered for offences under Sections 296(b), 115(2), 351(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, praying that his bail application be considered on the date of surrender. Held: in view of the specific bar under Section 18 of the SC/ST Act and the facts of the case, the Additional District and Sessions Judge for PCR Act Cases, Thanjavur District was directed to consider the bail application on the same day of surrender, keeping in mind the gravity of the offence and the petitioner's previous antecedents, and after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989. Petitioner directed to surrender within fifteen days and to inform the Public Prosecutor and the victim in advance of the date of surrender and filing of the petition. Petition allowed. (Sunder Mohan, J.; decision dated 07/11/2025.)

¶1

CRL OP(MD). No.19592 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

Dated : 07/11/2025

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

¶6

CRL OP(MD). No.19592 of 2025

S.Gokul

... Petitioner

The Deputy Superintendent of Police, Thiruvidamarudhur, Thanjavur District..

¶11

2.The State of Tamilnadu, Rep by the Inspector of Police,, Thruvidaimarudhur Police Station, Thanjavur District. (In Crime No.604 of 2025).

¶12

Ravi ... Respondents

¶13

PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Additional District and Sessions Court for PCR Act Cases, Thanjavur District to accept the surrender of the petitioner / Sole Accused and to consider their bail application and grant bail on the date of surrender itself in Crime No.604 of 2025 dated 31.10.2025 on the file of the second respondent police.

¶14

For Petitioner : Mr.K.Dinesh

¶15

1/5

¶16

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

¶17

CRL OP(MD). No.19592 of 2025

¶18

For R1 and R2 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)

¶19

ORDER

¶20

The petitioner seeks a direction to the learned Additional District

¶21

and Sessions Judge for PCR Act Cases, Thanjavur District, to consider his bail application on the same day of surrender in Crime No.604 of 2025 on the file of the second respondent Police.

¶22

2.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 Additional District and Sessions Judge for PCR Act Cases, Thanjavur District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.604 of 2025 registered for the offences under Sections 296(b), 115(2), 351(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 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,

¶23

2/5

¶24

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

¶25

CRL OP(MD). No.19592 of 2025

¶26

previous antecedent of the petitioner and pass orders, after affording due

¶27

opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

¶28

3.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.

¶29