Madras High Court
Pradheeswaran vs The State Of Tamilnadu on 24 July, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.12459 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.07.2025
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD)No.12459 of 2025
Pradheeswaran ... Petitioner
Vs
1. The State of Tamilnadu, rep. by
The Deputy Superintendent of Police,
Musiri Circle, Musiri,
Trichy District.
2. State of Tamilnadu, Rep. by
The Inspector of Police,
Thuraiyur Police Station,
Thuraiyur,
Trichy District.
3. Vairamuthaiya ...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to
direct the I Additional District Court and Special Court for Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Cases, (PCR Court),
Trichy, to accept the surrender of the petitioner/accused and consider the
petitioner's bail application and grant bail on the date of surrender itself in
Crime No.41 of 2023 on the file of the respondent Police.
For Petitioner : Mr.T.Vadivelan
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Crl.O.P.(MD)No.12459 of 2025
For R1 & R2 : Mr.P.Kottaichamy,
Government Advocate (Crl. Side)
ORDER
The petitioner is the 2nd accused in Crime No.41 of 2023 on the file of
the 2nd respondent Police. The said case was registered for the offences
under Sections 147, 148, 341, 427, 294(b), 323, 324, 354, 506(i) of IPC and
Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act,
2015. Therefore, the petitioner has filed this petition seeking a direction to
the I Additional District Court and Special Court for Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Cases, (PCR Court), Trichy, to
consider his bail application on the same day of surrender.
2. When this petition is taken up for consideration, the learned
Government Advocate (Crl. Side) submits that the investigation in Crime
No.41 of 2023 has already been completed and the final report has also been
filed before the Special Court for Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Cases, (PCR Court), Trichy and the same has
been taken on file in Spl.S.C.No.19 of 2024. He further submits that the
petitioner was absconding and therefore, a Non-Bailable Warrant was issued
as against the petitioner on 26.05.2025.
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Crl.O.P.(MD)No.12459 of 2025
3. The learned counsel appearing for the petitioner submits that the
petitioner was not aware of the criminal case registered against him. In fact,
this case has been registered as against an unknown person and thereafter, in
the place of unknown person, the petitioner has been added as an accused.
4. This Court considered the rival submissions made.
5. Since the final report has already been filed before the Special
Court, which is pending for trial and a Non-Bailable Warrant was also
issued as against the petitioner, this Court is not inclined to entertain this
petition.
6. However, it is open to the petitioner to surrender before the
concerned Court, which shall consider recalling the Non-Bailable Warrant
with the available materials on merits. Accordingly, this Criminal Original
Petition is dismissed.
24.07.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
ogy
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Crl.O.P.(MD)No.12459 of 2025
To
1. The I Additional District Court and Special Court
for Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Cases, (PCR Court),
Trichy.
2. The Deputy Superintendent of Police,
Musiri Circle, Musiri,
Trichy District.
3. The Inspector of Police,
Thuraiyur Police Station,
Thuraiyur,
Trichy District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.12459 of 2025
B.PUGALENDHI, J.
ogy
Crl.OP(MD)No.12459 of 2025
24.07.2025
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