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Madras High CourtCRL OP/839/2026allowed

Abirami @ Abinaya v. State Rep By

2026-01-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.

Abirami @ Abinaya Sathiya @ Sathya 3.

Kayathiri @ Gayathri 4.

Muniyammal 5.

Natarajan @ Nadaraj 6.

Mohan ... Petitioners Vs.

1.

State represented by, The Deputy Superintendent of Police, Kallakurichi District.

State represented by, The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

(Crime No.729 of 2025) 3.

Kirthana ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Principal District and Sessions Judge (Special Judge for SC & ST (PoA) Act cases), Kallakurichi District, to consider the petitioners' bail 1/4

application to be filed on the same day of their surrender in Crime No.729 of 2025 pending investigation on the file of the second respondent police For Petitioners : Mr.K.Murugan For R1 & R2 : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC & ST (PoA) Act cases), Kallakurichi District, to accept the surrender of the petitioners and consequently consider their bail petitions on the same day, on merits, in connection with Crime No.729 of 2025 on the file of the second respondent police.

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, Principal District and Sessions Judge (Special Judge for SC & ST (PoA) Act cases), Kallakurichi District, to consider the petitioners' bail application(s), preferably on the same day of their surrender, in connection 2/4

with Crime No.729 of 2025 on the file of the second respondent police and to pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order. 3.

Accordingly, this Criminal Original Petition stands allowed. 20.01.2026 ham To 1.

The Principal District and Sessions Judge (Special Judge for SC/ST (PoA) Act cases), Kallakurichi District.

The Deputy Superintendent of Police, Kallakurichi District.

3.

The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 20.01.2026 4/4