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Madras High CourtCRL OP/2940/2026allowed

Nithish v. The State Rep By Its

2026-02-09Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Nithish ..Petitioner(s) Vs

1. The State rep by its The Superintendent of Police, O/o. Superintendent of Police, Krishnagiri District.

2. The Inspector of Police Krishnagiri Town Police Station, Krishnagiri District.

Crime No.9 of 2026

3. Vinayagamoorthy ..Respondent(s) Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Principal Sessions Judge (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act 1989 R/w New Amendment Act 2015) at Krishnagiri to accept the surrender of the Petitioner herein connected in Crime No.9 of 2026 on the file of the 2nd respondent Police and consider the bail petition on the same day itself.

For Petitioner(s):

Mr.S.Arunkumar For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl.Side) for R1&R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the Principal Sessions Judge, Special Court for Exclusive Trial of SC/ST Act Cases, Krishnagiri, to accept the surrender of the petitioner and consequently consider his bail petition on the same day, on merits, in connection with Crime No.9 of 2026 on the file of the second respondent Police. 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 Principal Sessions Judge, Special Court for Exclusive Trial of SC/ST Act Cases, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.9 of 2026 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 petitioner 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. 09-02-2026 Index: Yes/No Speaking/Non-speaking order VKR 1.The Principal Sessions Judge, Special Court for Exclusive Trial of SC/ST Act Cases, Krishnagiri.

2.The Superintendent of Police, O/o. Superintendent of Police, Krishnagiri District.

3.The Inspector of Police Krishnagiri Town Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 09-02-2026