Parthipan v. Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Parthipan

2. Prakash ..Petitioner(s) Vs

1. Superintendent of Police, Cuddalore District.

2. Station House Officer (SHO), Kurinjipadi Police Station, Cuddalore District.

[Crime No.24 of 2026]

3. Gandhi ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to pass an order, directing the learned Principal Judge, (Special Court under SC and ST Atrocities Act) at Cuddalore, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime No.24 of 2026, on the file of Kurinjipadi Police Station, Cuddalore District and consider the bail petition on the same day itself and pass such further order or other orders. For Petitioner(s):

Mr.M.Ragul Kousik For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed, seeking a direction to direct the learned Principal Judge, (Special Court under SC and ST Atrocities Act) at Cuddalore, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime No.24 of 2026, on the file of Kurinjipadi Police Station, Cuddalore District and consider the bail petition on the same day itself and pass such further order or other orders.

2. The case of the prosecution is that, the petitioners and other accused damaged the lorry belonging to the de facto complainant, bearing Reg.No.TN38BM1599. When the same was questioned by the de facto complainant, the petitioners and others allegedly abused and threatened him by uttering his caste name, and intentionally humiliated him on the basis of his caste, and also issued threats. Hence, the case has been registered.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for respondents 1 and 2 and 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.24 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 Superintendent of Police, Cuddalore District.

2. Station House Officer (SHO), Kurinjipadi Police Station, Cuddalore District.

3. The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J.

jd 20-04-2026