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Madras High CourtCRL OP/1921/2026allowed

Malarkodi v. State Rep By.

2026-01-29Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM:

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

Malarkodi 2.

Ranjith Kumar @ Ranjith 3.

Chinnasamy

...Petitioners

Vs.

1.

State rep. by, The Deputy Superintendent of Police, Perambalur.

2.

State rep. by, The Sub-Inspector of Police, Padalur Police Station, Perambalur District.

Crime No.209 of 2025.

3.

Raju

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA) Act, Perambalur to accept the surrender of the petitioners and consider their bail application on the same day in Crime No.209 of 2025 on the file of the 2nd respondent.

For Petitioners : Mr.M.Vijaya Ragavan For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 & R2

O R D E R

This criminal original petition has been filed seeking a direction to the learned Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA) Act, Perambalur, to accept the surrender of the petitioners and to consequently, consider their bail petition(s) on the same day, on merits, in connection with Crime No.209 of 2025 on the file of the 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 Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA) Act, Perambalur, to consider the petitioners' bail application(s), preferably on the same day of their surrender, in connection with Crime No.209 of 2025 on the file of the 2nd 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, this criminal original petition stands allowed.

29.01.2026 skt Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To 1.

The Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA) Act, Perambalur.

2.

The Deputy Superintendent of Police, Perambalur.

3.

The Sub-Inspector of Police, Padalur Police Station, Perambalur District.

4.

The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J.

skt 29.01.2026