P.Pachiyammal v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM:

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

P.Pachiyammal 2.

P.Manikandan

...Petitioners

Vs.

1.

State rep. by, The Deputy Superintendent of Police, Uthiramerur Circle, Kancheepuram District.

2.

State rep. by, The Special Sub Inspector of Police, Pudupalayam Police Station, Thiruvannamalai District.

Crime No.11 of 2026.

3.

Nathiya

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities) Act and Principal District and Sessions Judge at Kancheepuram District to consider the bail application sympathetically and pass orders on merits on the same day of the petitioners' surrender in connection with Crime No.11 of 2026, pending on the file of the 2nd respondent police.

For Petitioners : Mr.G.Punniakoti 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 Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Kancheepuram District, to accept the surrender of the petitioners and to consequently, consider their bail petitions on the same day, on merits, in connection with Crime No.11 of 2026 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 Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Kancheepuram District, to consider the petitioners' bail application(s), preferably on the same day of their surrender, in connection with Crime No.11 of 2026 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 Principal District and Sessions Judge, Special Court for SC/ST Prevention of Atrocities Act, Kancheepuram District.

2.

The Deputy Superintendent of Police, Uthiramerur Circle, Kancheepuram District.

3.

The Special Sub Inspector of Police, Pudupalayam Police Station, Thiruvannamalai District.

4.

The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J.

skt 29.01.2026