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Madras High CourtCRL OP/13934/2026disposed of

Sundharam @ Sundaram v. The Deputy Superintendent Of Police (Dsp)

2026-05-27Honourable Mr.Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ Sundharam @ Sundaram, S/o.Pachaiyappan, No.285, Thamaraja Kovil Street, Sirumoor Village, Arni Taluk, Tiruvannamalai District - 632 314.

...

Petitioner Vs.

1.The Deputy Superintendent of Police (DSP), Arni Sub-Division, Thiruvannamalai District.

2.The State Rep. by The Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.

Crime No.211 of 2026 3.Mr.S.Agatheshvaran, S/o.Siva Subramani, Tahsildar, Arni Old Bus Stand, Arni Taluk, Thiruvannamalai District - 632 301.

...

Respondents PRAYER: Criminal Original Petition has been filed under Section 528 of BNSS, 2023, praying to direct the learned Principal District Sessions Judge, 1 / 4

Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner and seeks bail in Crime No.211 of 2026 pending on the file of the Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District. For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.R.Rajasekaran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the learned Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider and dispose of the bail application of the petitioner on the same day of surrender before the said Court in Crime No.211 of 2026 pending on the file of the Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for respondents 1 and 2.

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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the jurisdictional Court, 2 / 4

to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.211 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 within a period of fifteen days from the date of receipt of a copy of this order.

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

27.05.2026 cda 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 in the official website of this Court will be watermarked and will also have a QR code.

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MOHAMMED SHAFFIQ, J.

cda To 1.The Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases).

2.The Deputy Superintendent of Police (DSP), Arni Sub-Division, Thiruvannamalai District.

3.The Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

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