R.Prabhakaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

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

1. The Deputy Superintendent of Police Salem.

2. The State Rep. by the Inspector of Police, Valapadi Police Station, Salem.

3. P.Nithya ..Respondent(s) To direct the learned Principal Sessions Judge at Salem to consider and dispose of the bail application of the petitioner on the same day of his surrender before the said Court in Crime No.91 of 2026 pending on the file of the Inspector of Police, Valapadi Police Station, Salem, For Petitioner(s):

M/s.U.Gowri Shankar 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 the learned Principal Sessions Judge at Salem to consider and dispose of the bail application of the petitioner on the same day of his surrender before the said Court in Crime No.91 of 2026 pending on the file of the second respondent.

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 prosecution is that the petitioner is employed under one Tamilselvan. The said Tamilselvan had purchased a property adjacent to that of the de facto complainant/third respondent. During the course of clearing the land and undertaking construction activities, the petitioner is said to have encroached upon a portion of the de facto complainant's property while laying a drainage system. When the same was questioned by the de facto complainant, the petitioner is said to have engaged in an altercation and allegedly assaulted the defacto complainant, using abusive language and referring to the complainant by his caste name. A counter complaint has also been lodged against the de facto complainant, which has been registered as Crime No.92 of 2026.

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 learned Principal Sessions Judge at Salem to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No. 91 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. 29-04-2026 Index: Yes/No Speaking/Non-speaking order PVS

To

1. The Principal Sessions Judge, Salem

2. The Deputy Superintendent of Police, Salem

3. The Inspector of Police, Valapadi Police Station, Salem.

4.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

PVS 29-04-2026