Vijayan@Viji v. State By Dy.Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Vijayan @ Viji ..Petitioner Vs

1. The State represented by The Deputy Superintendent of Police, Sankari, Salem District.

2. The State represented by The Inspector of Police, Poolampatti Police Station, Salem District.

(Crime No.30 of 2026)

3. Kaveri ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal Sessions Judge, Special Court for Exclusive Trial of SC/ST cases, Salem District, to consider the bail application in Crime No.30 of 2026 on the file of the second respondent on the same day on merits.

For Petitioners:

Mr.N.Sudharsan For Respondents:

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

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal Sessions Judge, Special Court for Exclusive Trial of cases under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Salem District, to accept the surrender of the petitioner and consequently, consider his bail petition on the same day, on merits, in connection with Crime No.30 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 belongs to same village and that on 12.01.2026, at about 10.00 a.m., the petitioner, along with other accused, abused the de facto complainant and her relatives by making caste-related remarks and threatened them. Based on these allegations, an FIR has been registered against the petitioner and other accused for the offences punishable under Section 329 of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(g) and 3(2)(va) 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 direct the learned Principal Sessions Judge, Special Court for Trial of cases under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Salem, 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.30 of 2026 on the file of the second respondent police, after affording due opportunity to the victim. The petitioner shall surrender before the Special Court for Trial of cases under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Salem, 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.

To 1.The Principal Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) Act, Salem.

2.The Deputy Superintendent of Police, Sankari, Salem District.

3.The Inspector of Police, Poolampatti Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras.

R.SAKTHIVEL, J.

VKR 21-05-2026