Rasathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Rasathi, W/o.Sivakandan ..Petitioner Vs

1. The Superintendent of Police, O/o.Superintendent of Police, Kallakurichi District.

2. The State represented by The Sub-Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

(Crime No.183 of 2026)

3. Rajavel ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Principal District and Sessions Court, Kallakurichi District to consider the petitioner bail application on the same day in the event of her surrender in Crime No.183 of 2026 dated 11.04.2026 on the file of the second respondent-police. For Petitioners:

Mr.R.Raji For Respondents:

Mr.A.Damodaran, Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Court, Kallakurichi District, to accept the surrender of the petitioner and consequently, consider her bail petition on the same day, on merits, in connection with Crime No.183 of 2026 on the file of the second respondent-police.

2.

Considering the nature of the relief sought for, notice to the third respondent is dispensed with.

3.

The case of the prosecution is that on 09.04.2026, at about 09.00 a.m., the petitioner and her husband abused the de facto complainant by making caste-related remarks and threatened him dire consequences. Based on these allegations, an FIR has been registered against the petitioner and his wife for the offences punishable under Sections 296(b) and 351(2) of BNS, 2023 and Sections 3(1)(r) and 3(1)(s) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4.

Heard the learned counsel on either side and carefully perused the materials available on record.

5.

Considering the limited scope of the relief sought for, this Court hereby direct the learned Principal District and Sessions Judge, Kallakurichi District, to issue prior notice to the de facto complainant and thereafter, to consider the bail application of the petitioner on the same day of her surrender before that Court in connection with Crime No.183 of 2026 on the file of the second respondent police, after affording due opportunity to the victim. The petitioner shall surrender before the learned Principal District and Sessions Judge, Kallakurichi District, within a period of 15 days from the date of receipt of a copy of this order.

6.

Accordingly, this Criminal Original Petition is allowed. 21-05-2026 VKR Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

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

R.SAKTHIVEL, J.

VKR To

1. The Principal District and Sessions Judge, Kallakurichi District.

2.

The Superintendent of Police, O/o.Superintendent of Police, Kallakurichi District.

3. The Sub-Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

4.

The Public Prosecutor, High Court of Madras.

21-05-2026