Madras High CourtCRL OP/8515/2026disposed of

Koothaperumal v. The State Rep.By Its, The Deputy Superintendent Of Police

2026-04-07Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

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

1. The State Rep.by its, The Deputy Superintendent of Police Deputy Superintendent Office, Tiruvarur District.

2. The Inspector of Police Peralam Police station, Tiruvarur District, (Crime No.209 of 2019)

3. Manikandan ..Respondent(s) To giver a DIRECTION to the learned Sessions judge Special Court for trial of cases under SC and ST Court at Tiruvarur District to consider the petitioner's bail application, preferably on the same day of their surrender in connection with SPL.S.C.No.97 of 2025.

For Petitioner(s):

Mr.D.Padmanabhan M.Muraliragul V.Vijayakumar M.Yogeswran For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional 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 trial of cases under the SC and ST Act at Tiruvarur District, to accept the surrender of the petitioner and to consider his bail application on the very same day in respect of SPL.S.C.No.97 of 2025.

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

3. A case has been registered against the petitioner and others in Crime No.209 of 2019 for the offence punishable under Sections 147, 294(b), 352 IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act. A charge sheet has been filed in Spl.SC.No.81 of 2019. Out of the eight accused, five had participated in trial, which ended in acquittal after a full fledged trial. Since the petitioner had gone abroad for employment, he could not participate in the trial in Spl.SC.No.81 of 2019. The case against the petitioner and other accused persons was split up as Spl.SC.No.26 of 2022 and subsequently, transferred to the Sessions judge Special Court for trial of cases under SC and ST Act at Tiruvarur District, where it is now pending as Spl.SC.No.97 of 2025.

4. The learned counsel for the petitioners submitted that the petitioner has been falsely implicated in the present case. He further submitted that due to his employment abroad, the petitioner was unable to participate in the earlier trial and a Non-Bailable Warrant (NBW) has been issued against him.

5. In view of the above factual position, there shall be a direction to the Sessions judge Special Court for trial of cases under SC and ST Court at Tiruvarur District to consider the recall of Non-Bailable Warrant, preferably on the same day of his surrender, in connection with SPL.S.C.No.97 of 2025 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 and file recall petition 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. 07-04-2026 Index: Yes/No Speaking/Non-speaking order PVS

1. The Sessions judge, Special Court for trial of cases under SC and ST Court, Tiruvarur District

2. The Deputy Superintendent of Police Deputy Superintendent Office, Tiruvarur District.

3. The Inspector of Police Peralam Police station, Tiruvarur District, (Crime No.209 of 2019)

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

PVS 07-04-2026