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Madras High CourtCRL OP/7543/2026disposed of

Manoj @ Manoj Kumar v. The Deputy Superintendent Of Police (Dsp)

2026-03-25Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Manoj @ Manoj Kumar

2. Balaji

3. Udaya @ Udhayakumar ..Petitioner(s) Vs

1. The Deputy Superintendent of Police (DSP) Office of the Deputy Superintendent of Police, Polur Sub-Division, Thiruvannamalai District.

2. The State represented by, The Inspector of Police, Polur Police Station, Thiruvannamalai District.

(Cr.No.58 of 2026)

3. Karthikeyan ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the SC/ST (POA) Act 1989, Thiruvannamalai to consider the bail petition on the same day on the event of their surrender in Crime No.58 of 2026 on the file of the second respondent.

For Petitioner(s):

Mr.S.Silambuselvan For Respondent(s):

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

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the SC/ST (POA) Act 1989, Thiruvannamalai, to consider the bail application of the petitioners in Crime No.58 of 2026 on the file of the second respondent, on the same day of their surrender. 2.

The case of the petitioners is that they have been falsely implicated in the present case and the allegations made against them are baseless and devoid of merits. It is submitted that the incident in question arose out of a prior dispute and the petitioners, who had intervened were in fact the victims of assault and were admitted to the hospital for treatment. The delay in lodging the complaint, coupled with the absence of any significant external injuries in the Accident Register, casts serious doubt on the prosecution's version. Hence, the petitioners contend that the continuation of the proceedings amounts to abuse of process of law and seek appropriate relief.

3.

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

4.

Considering the submissions made and on perusal of the records, it is seen that the petitioners, along with their associates, are alleged to have waylaid the de facto complainant on 24.02.2026 and assaulted him in connection with an incident that had taken place on 23.02.2026 between Siva and Balaji. It is stated that when the petitioner intervened in the said incident and raised objections, he was subsequently assaulted. As a result of the said occurrence, the petitioners were admitted to the hospital. Upon receipt of intimation from the hospital, the respondent police visited the hospital on 27.02.2026 and registered the complaint. The occurrence is stated to have taken place on 24.02.2026 and the injured was under treatment in the hospital till 27.02.2026 and thereafter as well. Though the Accident Register does not disclose any external injuries, it records the presence of swelling over the occipital region, i.e., the back portion of the head. 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 Jurisdictional Magistrate, to consider the petitioners' bail application, preferably on the same day of their surrender, in connection with Crime No.58 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 petitioners 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. 25-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases registered under the SC/ST (POA) Act 1989, Thiruvannamalai.

2.The Deputy Superintendent of Police (DSP) Office of the Deputy Superintendent of Police, Polur Sub-Division, Thiruvannamalai District.

3.The Inspector of Police, Polur Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 25-03-2026