Ganeshan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Ganeshan S/o Nadarajan, Residing at 2/17, Kudi Street, Lakkamanayakkanpatti, Siviyampalaiyam, Muthugapatti,

2. Deendhayalan S/o Chinnusamy Residing at 2/35, Kudi Street, Lakkamanayakkanpatti, Siviyampalaiyam, Muthugapatti, Namakkal.

3. B.Raja S/o Balasubramaniyam, Residing at 2/10, Kudi Street, Lakkamanayakkanpatti, Siviyampalaiyam, Muthugapatti, Namakkal.

4. Mani S/o Balasubramaniyam, Residing at 2/10, Kudi Street, Lakkamanayakkanpatti, Siviyampalaiyam, Muthugapatti, Namakkal.

..Petitioner(s)/Accused 1 to 4 Vs

1. The Superintendent of Police

2. The Inspector Of Police Sendamangalam Police Station, ..Respondent(s)/ Complainant

3. Gunasekaran S/o Manokaran, VOC Nagar, Erumapatty, Sendamangalam Taluk, ..Respondent(s)/De-facto Complainant Prayer:Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direction directing the Special court for the exclusive trial of SC and ST cases, Namakkal to consider the bail application filed by the petitioners on their surrender in connection with Crime No.77 of 2026 dated 24.04.2026 on the file of the 2nd respondent on the same day. For Petitioner(s):

Mr.Adithya Varadarajan For Respondent(s):

Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu, (Criminal Side) For R1 And R2

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for the exclusive trial of SC and ST cases, Namakkal to consider the bail application filed by the petitioners on their surrender in connection with

Crime No.77 of 2026 dated 24.04.2026 on the file of the second respondent on the same day.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and perused the materials available on record.

3. 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 limited prayer and the facts and circumstances of the case, there shall be a direction to the learned learned Special Court for the exclusive trial of SC and ST cases, Namakkal, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.77 of 2026 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of the receipt of a copy of this order.

4. It is needless to say that the Court below while disposing the bail petition shall look into the serious nature of the offence, previous antecedents of the petitioners and pass orders on merits and in accordance with law.

5. With the above direction, this Criminal Original Petition stands disposed of.

22-05-2026 Index: Yes/No Speaking/Non-speaking order DP/SSD Note:- 1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To

1. The Learned Special Court for the exclusive trial of SC and ST cases, Namakkal.

2. The Superintendent of Police

3. The Inspector Of Police Sendamangalam Police Station,

4. The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

DP/SSD 22-05-2026