Kamaraj v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Kamaraj ..Petitioner/Accused -I Vs

1. The State represented by The Deputy Superintendent of Police, Nagapattinam Sub Division, Nagapattinam District.

2. The State represented by The Inspector of Police, Nagore Police Station, Nagapattinam District.

(Crime No.68 of 2026) ..Respondents 1 & 2 / Respondents 1 & 2

3. Manikandan ..3rd Respondent/ De facto complainant PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Special Court for Trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Nagapattinam District, to consider the bail application filed by the petitioner on his surrender in connection with Crime No.68 of 2026 on the file of the second respondent police.

For Petitioners:

Mr.M.Shreedhar For Respondents:

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

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for Trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Nagapattinam, to accept the surrender of the petitioner and consequently, consider his bail petition on the same day, on merits, in connection with Crime No.68 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 the petitioner and the de facto complainant are neighbours and that on 18.03.2026, at about 09.00 a.m., the petitioner and his wife abused the de facto complainant by making caste-related remarks. Based on these allegations, an FIR has been registered against the petitioner and his wife for the offences punishable under Sections 296(b) and 118(1) of BNS, 2023 and Sections 3(1)(r) and 3(1)(s) of the 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 directs the Special Court for Trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Nagapattinam, to issue prior notice to the de facto complainant and thereafter, to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.68 of 2026 on the file of the second respondent police, after affording due opportunity to the de facto complainant. The petitioner shall surrender before the Special Court for Trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Nagapattinam, 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 Special Court for Trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Nagapattinam.

2.

The Deputy Superintendent of Police, Nagapattinam Sub Division, Nagapattinam District.

3. The Inspector of Police, Nagore Police Station, Nagapattinam District.

4.

The Public Prosecutor, High Court of Madras.

21-05-2026