Sownderlingam v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2026

CORAM:

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.No.5062 of 2026

1. Sownderlingam

2. Saravanan

3. Vignesh Babu ..Petitioners Vs.

1.

State rep. by The Deputy Superintendent of Police, Sankari Taluk, Salem District.

2.

State rep. by Inspector of Police, Sankari Police Station, Salem District.

(Cr. NO. 76 of 2026 dt. 17.02.2026 U/s. 194 (1) BNSS, 2023) 3.

Latha ..Respondents Prayer:

Criminal Original Petition filed under Section 528 of BNSS to direct the Principal District and Sessions Judge, (Special Judge), SC/ST (POA) Act Cases, Salem to consider the bail application of the petitioners in 1\6

Cr. No. 76 of 2026 on the file of the Inspector of Police, Sankari Police Station, Salem District on the same day of their surrender. For Petitioners ::

Mr. Gopi Narayanan For Respondents ::

Mr. Leonard Arul Joseph Selvam Addl. Public Prosecutor for R1 &R2

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Judge, (Special Judge), SC/ST (POA) Act Cases, Salem to consider the bail application of the petitioners in Cr. No. 76 of 2026 on the file of the Inspector of Police, Sankari Police Station, Salem District on the same day of their surrender. 2(i).

The petitioners are employees of Ujjivan Small Finance Bank. The de facto complainant's son, by name Santhosh, had availed twowheeler loan from the said finance Bank. Since he defaulted in the repayment of Equated Monthly Instalments, for recovering the loan, the officials of the said Finance Bank had gone to the house of the de facto complainant. Since the de facto complainant's son could not repay the overdue EMIs even after grant of time, on 29.01.2026, when the Bank officials came to his house, the de facto complainant's son, citing his 2\6

inability to repay the loan, had voluntarily surrendered the vehicle and the vehicle was taken into custody by the Bank.

2(ii).

Thereafter, the de facto complainant's son had contacted the Bank stating that he would repay the EMIs regularly and sought release of the vehicle. However, he was informed that as per procedure, the loan would have to be cleared in full for release of the vehicle and that the outstanding could not be accepted in parts. Since the de facto complainant's son made persistent requests and sought to arrange a guarantor, the Bank officials visited his residence on 16.02.2026. However, he was unable to arrange for a guarantor and the vehicle could not be released. Thereafter, the Bank officials came to know that the de facto complainant's son had committed suicide. Subsequently, pursuant to the complaint lodged by the family of the deceased, the 2nd respondent had addressed a letter to the Branch Manager, Ujjivan Small Finance Bank, Salem, calling for details regarding the employment of the petitioners and transactions relating to the vehicle finance. In the said communication, the petitioners have been referred as 'suspects', which has necessitated the filing of the present petition.

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3.

Heard the learned Additional Public Prosecutor for respondents 1 and 2 and perused the materials on record. 4.

It is seen that the petitioners are employees of Ujjivan Small Finance Bank. The de facto complainant's son had availed twowheeler loan from the said Finance Bank and failed to repay the loan. For recovering the loan, the petitioners had gone to the house of the de facto complainant and the de facto complainant's son had handed over the vehicle. Thereafter, for what reason, he had committed suicide is not known. However, it is projected as though the petitioners had used abusive and prohibitory language calling the de facto complainant's son by his caste name following which he had committed suicide. In this case, the abuse is said to have been over phone and not in a public place. 5.

In view of the above factual position, there shall be a direction to the Principal District and Sessions Judge, (Special Judge), SC/ST (PoA) Act cases, Salem to consider the petitioners' bail application, preferably on the same day of their surrender, in connection with Crime No.76 of 2026 on the file of the second respondent Police and to pass 4\6

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 concerned within a period of fifteen days from the date of the receipt of a copy of this order.

6. The Criminal Original Petition stands disposed of accordingly. 05.03.2026 nv To

1. The Principal District and Sessions Judge (Special Judge), SC/ST PoA Act Cases, Salem.

2. The Deputy Superintendent of Police, Sankari Taluk, Salem District.

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

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M. NIRMAL KUMAR,J.

nv

4. The Public Prosecutor, High Court, Madras.

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