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Madras High CourtCRL OP/1215/2026allowed

Sarath @ Sarath Kumar v. The Deputy Superintendent Of Police

2026-01-22Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

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

1. Sarath @ Sarath Kumar

2. V.Sundaresan ..Petitioners Vs

1. The Deputy Superintendent Of Police Uthiramerur Range, Uthiramerur.

Kanchipuram District.

Crime No.1 of 2026

2. The Sub-inspector of Police Perunagar Police Station Perunagar Kanchipuram District.

3. Mr.Sambath ..Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the Special Court under SC/ST Act at Kanchipuram District (Principal District and Sessions Court, Kanchipuram) to consider the Petitioners bail application on the same day on their surrender in Crime No.1 of 2026 pending on the file of the Deputy Superintendent of Police, Uthiramerur Range, Kanchipuram District.

For Petitioners:

Mr.K.G.Senthil Kumar For Respondent Mr.S.Santhosh Government Advocate (Criminal Side) for R1 and R2

ORDER

The present Criminal Original Petition has been filed seeking a direction to the Special Court under SC/ST Act at Kanchipuram District (Principal District and Sessions Court, Kanchipuram) to consider the petitioners' bail applications on the same day on their surrender in Crime No.1 of 2026 pending on the file of the Deputy Superintendent of Police, Uthiramerur Range, Kanchipuram District.

2. When the matter was taken up for hearing, the learned counsel for the petitioners submitted that the second petitioner has been arrested by the respondent/police. Therefore, the same may be recorded and appropriate orders passed. He has also made an endorsement to that effect in the petition.

3. Recording the above submission and the endorsement made to that effect, the criminal original petition stands dismissed as not pressed with respect to the second petitioner.

4.

As regards the first petitioner, 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 Special Court under SC/ST Act at Kanchipuram District (Principal District and Sessions Court, Kanchipuram) to consider the first petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.1 of 2026 on the file of the first 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 first petitioner shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order. 5.

Accordingly, this Criminal Original Petition stands allowed. 22-01-2026 Index: Yes/No Speaking/Non-speaking order MRN

To

1. The Deputy Superintendent of Police Uthiramerur Range, Uthiramerur.

Kanchipuram District.

Crime No.1 of 2026

2. The Sub-inspector of Police Perunagar Police Station Perunagar Kanchipuram District.

3. The Special Court under SC/ST Act at Kanchipuram District (Principal District and Sessions Court, Kanchipuram)

4. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 22-01-2026