Madras High CourtCRL OP/15165/2026disposed of

Prakash v. State Rep.By

2026-06-16Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Prakash S/o.Seenuvasan, No.310, Kollakottai, Su.Valavetti, Tiruvannamalai Taluk and District.

2. Mathivanan S/o.Ramasamy, No.1/4, Pillaiyar Kovil Street, Viruthuvilanginan village, Tiruvannamalai district.

3. Silambarasan S/o.Murugan, No.237, Alathur Village, Tiruvannamalai District.

..Petitioner(s) Vs

1. State rep.by The Deputy Superintendent of Police, Veraiyur Police Station, Tiruvannamalai District.

2. The Inspector of Police, Veraiyur Police station, Tiruvannamalai District.

3. Jagadheswaran S/o.Muniyappan, No.459, Mariyamman Kovil street, Aradapattu village, Tiruvannamalai Taluk and district.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Principal District and Sessions Judge cum special Judge for

SC/ST Cases, Tiruvannamalai to consider and pass order on the petitioners bail application in connection with the Cr.No.69 of 2026 on the file of 2nd respondent police on their surrender and pass orders on merits on the same day. For Petitioner(s):

Mr.Sathiyaraj E.

For Respondent(s):

Mr.A.Amarnath Counsel for Government of Tamilnadu (Criminal Side) for R1 and R2

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge cum special Judge for SC/ST Cases, Tiruvannamalai to consider and pass order on the petitioners bail application in connection with the Cr.No.69 of 2026 on the file of 2nd respondent police on their surrender and pass orders on merits on the same day.

2. It is the case of the prosecution that the defacto complainant was employed with the 1st petitioner in his shop and there was some dispute. The petitioners attacked the defacto complainant and his mother. Due to the attack made by the petitioners, the defacto complainant sustained injuries and taken treatment at the hospital.

3. Heard both sides and perused the material records of the case.

4. 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 Principal District and Sessions Judge cum special Judge for SC/ST Cases, Tiruvannamalai, to consider the petitioners' bail application(s), preferably on the same day of their surrender, in connection with Crime No.69 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 petitioners shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition stands allowed. 16-06-2026 Index: Yes/No Speaking/Non-speaking order JER To

1. The Principal District and Sessions Judge cum special Judge for SC/ST Cases, Tiruvannamalai.

2. The Deputy Superintendent of Police, Veraiyur Police Station, Tiruvannamalai District.

3. The Inspector of Police, Veraiyur Police station, Tiruvannamalai District.

4. The Public Prosecutor High Court of Madras.

M.NIRMAL KUMAR, J.

JER 16-06-2026