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Madras High CourtCRL OP/4444/2026allowed

Kasthuri v. The Superintendent Of Police,

2026-02-23Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2026

CORAM:

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

Kasthuri 2.

Kavikumaran 3.

Gowtham

...Petitioners

Vs.

1.

The Superintendent of Police, O/o. Superintendent of Police, Salem District.

2.

State represented by, The Inspector of Police, Sankari Police Station, Salem District.

Crime No.71 of 2026.

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Principal District and Sessions Judge, Special court for trial of cases under SC/ST (POA) Act, Salem District, to accept the surrender of the petitioners and to consider the bail application on the same day in Crime No.71 of 2026 on the file of the respondent-police. For Petitioners : Mr.K.Prasanths For Respondents : Mr.S.Santhosh, GA(Crl. Side) 1/4

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 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.71 of 2026, on the file of the 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 jurisdictional Court, to consider the petitioners' bail applications, preferably on the same day of their surrender, in connection with Crime No.71 of 2026, on the file of the 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. 2/4

3. In view of the above, this criminal original petition stands allowed.

23.02.2026 skt NCC : Yes/No To 1.

The Principal District and Sessions Judge, Special court for trial of cases under SC/ST (POA) Act, Salem District.

2.

The Superintendent of Police, O/o. Superintendent of Police, Salem District.

3.

The Inspector of Police, Sankari Police Station, Salem District.

4.

The Public Prosecutor, High Court of Madras.

3/4

A.D.JAGADISH CHANDIRA , J.

skt 23.02.2026 4/4