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Madras High CourtCRL OP/1143/2026allowed

Dhandapani v. The State Rep By Its

2026-01-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

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

1. Dhandapani

2. Selvaraj ..Petitioners Vs

1. The State Rep by its The Deputy Superintendent of Police, Tiruvannamalai Tiruvannamalai District.

2. The State Rep by its The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

Cr.No.326 of 2025

3. Bharathi ..Respondents Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the learned District and Sessions Judge, (Special Court for SC/ST Cases) Tiruvannamalai to consider petitioners' bail application on the same day of their surrender in connection with a case in

Cr.No.326/2025 on the file of 2nd respondent. For Petitioners:

Mr.M.Subash For Respondents:

Mr.S.Santhosh Government Advocate (Criminal Side) for R1 and R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned District and Sessions Judge, (Special Court for SC/ST Cases) Tiruvannamalai, to consider petitioners' bail application on the same day of their surrender in connection with the case in Cr.No.326/2025 on the file of 2nd respondent.

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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned District and Sessions Judge, (Special Court for SC/ST Cases) Tiruvannamalai, to consider the petitioners' bail applications, preferably on the same day of their surrender, in connection with Cr.No.326/2025 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. In view of the above, the Criminal Original Petition stands allowed. 22-01-2026 Index: Yes/No Speaking/Non-speaking order MRN To 1.The District Sessions Judge, (Special Court for SC/ST Cases), Tiruvannamalai

2. The Deputy Superintendent of Police, Tiruvannamalai Tiruvannamalai District.

3. The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

Cr.No.326 of 2025 4.The Public Prosecutor, High Court of Madras

A.D.JAGADISH CHANDIRA, J.

MRN 22-01-2026