Arun @ Arun Kumar v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2026

CORAM:

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

Arun @ Arun Kumar 2.

Nantha Kumar 3.

Koothan 4.

Chiththeshwaran @ Sidheshwaran 5.

Bharath 6.

Madhavan 7.

Lokesh @ Yokeshwaran 8.

Kavin 9.

Sugash 10.

Theyva @ Dhiveshwaran

...Petitioners

Vs.

1.

The Deputy Superintendent of Police, Chinna Salem Circle, 2.

The Inspector of Police, Gengavalli Police Station, 3.

Palanimurugan

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Special Court for Trial of cases under SC/ST (PoA) Act, Salem District to consider the bail application of these petitioners on the same day favourably in the Page No.1 of 4

event of their surrender in Crime No.42 of 2026 dated 01.02.2026, pending on the file of the 2nd respondent police. For Petitioners : Mr.D.Dayalan 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 Special Court for Trial of cases under SC/ST (PoA) Act, Salem 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.42 of 2026, on the file of the 2nd respondent.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st and 2nd respondents submitted that the 1st petitioner, who has been arrayed as A1 has already been remanded to judicial custody.

3. In view of the arrest of the 1st petitioner/A1, this petition stands dismissed in respect of the 1st petitioner/A1. Further, 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 Page No.2 of 4

consideration the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the jurisdictional Court, to consider the bail applications of the petitioners 2 to 10, preferably on the same day of their surrender, in connection with Crime No.42 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 2 to 10 shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

4. In view of the above, this criminal original petition stands disposed of.

13.02.2026 skt NCC : Yes/No To:

1.

The Special Court for Trial of cases under SC/ST (PoA) Act, 2.

The Deputy Superintendent of Police, Chinna Salem Circle, Page No.3 of 4

A.D.JAGADISH CHANDIRA , J.

skt 3.

The Inspector of Police, Gengavalli Police Station, 4.

The Public Prosecutor, High Court of Madras.

13.02.2026 Page No.4 of 4