S.Dharmalingam v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

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

1. The Superintendent of Police, Perambalur District, Perambalur.

2. The Inspector of Police, V.Kalathur Police Station, Perambalur District.

3. V.Poongan ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the learned Principal and District Sessions Judge, Perambalur, to accept the surrender of the petitioner and consider the bail petition on the same day in respect of Crime No.31 of 2026 dated 14.02.2026 pending on the file of the second respondent.

For Petitioner(s):

Mr.B.Balavijayan For Respondent(s):

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

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal and District Sessions Judge, Perambalur, to consider the bail

application of the petitioner herein in Crime No.31 of 2026 on the file of the second respondent, on the same day of his surrender. 2.

The case of the prosecution is that the petitioner borrowed money from the de facto complainant, but failed to repay it and when the de facto complainant demanded for repayment, the petitioner abused and threatened him with dire consequences. Hence, the case.

3.

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

4.

Considering the submission made and on perusal of the materials it is seen that the petitioner and the de facto complainant were friends for several years and had financial transactions between them. The petitioner had borrowed a total sum of Rs.5,06,000/- from the de facto complainant, but failed to repay the same. Though a cheque bounce case is pending before the Judicial Magistrate No.I, Perambalur, in S.T.C.No.189 of 2025 against the petitioner, with regard to a part of the amount, when the de facto complainant demanded the remaining amount, the petitioner allegedly abused and threatened him with dire consequences.

5.

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 learned Principal and District Sessions Judge, Perambalur, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.31 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.

6.

The Criminal Original Petition stands disposed of accordingly. 09-03-2026 Index: Yes/No Speaking/Non-speaking order VKR

M.NIRMAL KUMAR, J.

VKR To 1.The Principal and District Sessions Judge, Perambalur. 2.The Superintendent of Police, Perambalur District, Perambalur.

3.The Inspector of Police, V.Kalathur Police Station, Perambalur District.

4.The Public Prosecutor, High Court of Madras.

09-03-2026