Joseph @ Thiruvenkadam v. The State Rep By The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2026

CORAM

THE HON'BLE MR. JUSTICE C.KUMARAPPAN Joseph @ Thiruvenkadam ... Petitioner Vs.

1.The State Rep. By The Deputy Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

Crime No.6 of 2026 3.Om Sakthi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with the Crime No.6 of 2026 on the file of the respondent police.

For Petitioner : Mr.G.Mageshkumar For R1 & R2 : Mr.P.Dhileepan, Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner, who apprehends arrest at the hands of the respondents police for the offences punishable under Sections 296(b), 115(2), 118(1), 329(4), 351(3) of BNS and Section 4 of TNPHW Act r/w Section 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST (POA) Act, in Crime No.6 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 04.01.2026, when the de facto complainant, namely the third respondent herein, went to her backyard, she found the accused, namely Manibharathi and Adhi, smoking cigarettes. The de facto complainant questioned them and warned them not to sit there, as the place was being used by the ladies of the house as a toilet. Consequently, a wordy altercation broke out, and thereafter, the accused persons left the place. Hence, the case.

3. The learned counsel for the petitioner has not annexed the FIR. However, the learned Government Advocate (Crl. Side) appearing for the respondent police produced the FIR and submitted that there are specific allegations implicating this petitioner under the provisions of the SC/ST Act. In view of the prima facie averments against the petitioner, as per Section 18 2/4

of the SC/ST Act, the application for anticipatory bail is not maintainable. Though the learned counsel for the petitioner submitted that the petitioner belongs to a Scheduled Caste, the learned Government Advocate (Crl. Side) strongly opposed the same on the ground that he has converted into Christianity. Considering the above, this Court is inclined to dismiss the petition.

4. Accordingly, this Criminal Original Petition stands dismissed. 30.03.2026 cda To 1.The Deputy Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

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C.KUMARAPPAN, J.

cda 30.03.2026 4/4