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Madras High CourtCRL OP/9794/2026disposed of

P. Ramar v. The Deputy Superintendent Of Police,

2026-04-20Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. P. Ramar

2. Ellammal @ Rasathi

3. P.Boobalan

4. Ramesh

5. Silambu @ Silambarasi

6. Thiruvizha ..Petitioner(s) Vs

1. The Deputy Superintendent of Police, Harur, Dharmapuri District.

2. The State of Tamilnadu, Rep.by its Inspector of Police, Harur Police Station, Dharmapuri District.

3. Santhiya ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the Principal District cum Sessions Judge, Dharmapuri for Prevention of SC/ST Atrocities to accept the surrender of the petitioners in Cr.No.0161 of 2026 on the file of the Inspector of Police, Harur Police Station, Dharmapuri District and consequently consider the petitioners bail application on the same day.

For Petitioner(s):

Ms.M.Pruntha 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 direct the Principal District cum Sessions Judge, Dharmapuri for Prevention of SC/ST Atrocities to accept the surrender of the petitioners in Cr.No.0161 of 2026 on the file of the Inspector of Police, Harur Police Station, Dharmapuri District and consequently consider the petitioners bail application on the same day.

2. The case of the prosecution is that, based on the petition dated 01.04.2026 (CSR No.86 of 2026) given by the complainant/Santhiya, and upon enquiry, it was found that on 30.03.2026 at about 7.00 hours, while the complainant belonging to a Scheduled Caste community, was at her hand in Gudur Village, the petitioners/accused unlawfully restrained her, abused her by uttering her caste name, humiliated her on the ground of caste, and criminally intimidated her and her family members with threats to kill. It is further alleged that such harassment had been continuing for the past two years. Hence, a case in Crime No.161 of 2026 has been registered under Sections 126(2), 79, 351(2) of BNS and 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and investigation is in progress.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents 1 and 2 and also perused the

materials available on record.

4. 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 jurisdictional Court, to consider the petitioners' bail application, preferably on the same day of his surrender, in connection with Crime No.0161 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.

5. Accordingly, this Criminal Original Petition stands allowed. 20-04-2026 Index: Yes/No Speaking/Non-speaking order jd

To

1. The Deputy Superintendent of Police, Harur, Dharmapuri District.

2. The State of Tamilnadu, Rep.by its Inspector of Police, Harur Police Station, Dharmapuri District.

3. The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J.

jd 20-04-2026