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Madras High CourtCRL OP/5244/2026disposed of

S.Jeevadharshini v. The Deputy Superintendent Of Police,

2026-03-10Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR S.Jeevadharshini ..Petitioner(s) Vs

1. The Deputy Superintendent of Police, Pallipalayam, Superintendent Office, Pallipalayam, Namakkal District.

2. State rep.by The Inspector of Police, Veppadai Police Station, Veppadai, Namakkal District.

Cr.No.16 of 2026.

3. O.Saravanan ..Respondent(s)

PRAYER: This Criminal Original Petition filed under Section 528 BNSS to direct the Sessions Court Special Court for SC/ST (Session Judge), Namakkal District to consider the bail application of the petitioner on the same day of petitioner surrender in Cr.No.16 of 2026 on the file of the respondent police. For Petitioner(s) :

Mr.S.Saranraj For Respondent(s):

M/S. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP FOR R1 & R2

ORDER

The criminal original petition has been filed to direct the Sessions Court Special Court for SC/ST (Session Judge), Namakkal District to consider the bail application of the petitioner on the same day of petitioner surrender in Cr.No.16 of 2026 on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the first and second respondents.

3. Considering the submissions made by the learned counsel on either side and upon perusal of the materials available on record, it is seen that the name of the petitioner does not find place in the FIR and that she has been implicated only based on the alleged confession statement of A1 and A2. It is also seen that A1 and A2 have already been granted bail. It is further noted that there exists a civil dispute between the petitioner's family and the family of the defacto complainant, which is stated to be pending. The prosecution case is that when the defacto complainant questioned the stagnation of water near his house, the petitioner's husband and father-in-law, allegedly abused him by referring to his caste name and assaulted the defacto complainant.

Thereafter, the defacto complainant was admitted to the hospital with the assistance of his wife. 4.In view of the above factual position, there shall be a direction to the Sessions Judge, Special Court for SC/ST (Session Judge), Namakkal District to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.

affording due opportunity to the victim under Section 15-A of the SC/ST (PoA) Act, 1989. The petitioner 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.

5. The Criminal Original Petition stands disposed of accordingly. 10-03-2026 Index: Yes/No Speaking/Non-speaking order RKP To

1. The Sessions Judge, Special Court for SC/ST (Session Judge), Namakkal District.

2. The Deputy Superintendent of Police, Pallipalayam, Superintendent Office, Pallipalayam, Namakkal District.

3. The Inspector of Police, Veppadai Police Station, Veppadai, Namakkal District.

M.NIRMAL KUMAR, J.

RKP 10-03-2026