Makesh. N v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

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

1. The Deputy Superintendent of Police Erode Sub Division, Erode District.

2. The State Rep. by The Inspector of Police Nambiyur Police Station, Erode District.

Cr.No. 39/2026.

3. Ayyasamy ..Respondent(s) To direct the Special Judge of SC/ST Act Cases /Principal Sessions Court, Erode to consider the bail petition to be filed by the petitioners, on their surrender on the same day on merits in connection with the case in Crime No. 39/2026 pending investigation on the file of the respondent police For Petitioner(s):

Mr.S.Kuberan for Mr.S.Kousik For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction to the learned Special Judge of SC/ST Act Cases /Principal Sessions Court, Erode, to accept the surrender of the petitioner and to consider his bail application on the very same day in respect of Crime No.39 of 2026 pending on the file of the respondent Police.

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. The case of the petitioner is that on 29.03.2026, at about 10.00 p.m., the defacto complainant, Ayyasamy, along with one Sakthivel, was standing near a bus stand and talking. At that time, the petitioner allegedly questioned them, abused the defacto complainant using derogatory words, assaulted him and also called him by his caste name. It is further stated that the petitioner subsequently sought apologies for the said act. However, after the defacto complainant was admitted to the Hospital and underwent treatment, the present complaint came to be lodged.

4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case.

5.

In view of the above factual position, there shall be a direction to the Special Judge of SC/ST Act Cases /Principal Sessions Court, Erode to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No. 39 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 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. 15-04-2026 Index: Yes/No Speaking/Non-speaking order PVS

To

1. The Special Judge of SC/ST Act Cases / Principal Sessions Court, Erode

2. The Deputy Superintendent of Police Erode Sub Division, Erode District.

3. The Inspector of Police Nambiyur Police Station, Erode District.

Cr.No. 39/2026.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

PVS 15-04-2026