Kalidass And Others vs State Of Tamilnadu And Others

K.Murali Shankar, J

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders to direct the Additional District Court No.III for PCR Act Cases, Madurai to accept the surrender of the petitioners and consider their bail applications on the same day on merits in relating to Crime No.152 of 2026 on the file of the second respondent police.

The petitioners are accused for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3) of BNS, Section 4 of TamilNadu Prohibition of Harrassment of Women Act and Sections 3(1) (r) and 3(1)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in Crime No.152 of 2026, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.

The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioners are not having any previous cases. He further submits that the injured person has been discharged from the hospital.

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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Judge, Additional District Court No.III for PCR Act Cases, Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.152 of 2026 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of the receipt of a copy of this order.

It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

With the above directions, this Criminal Original Petition stands allowed.