Sarkarai Kannan v. The State Of Rep By, The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Sarkarai kannan S/o. Kannan, No.340, Kamatchiamman Koil Street, Vaniyathangal, Kilnachipattu, Tiruvannamalai.
..Petitioner(s) Vs
1. The State of Rep By, THE DEPUTY SUPERINTENDENT OF POLICE Office of the Deputy Superintendent of Police, Tiruvannamalai District.
Crime No.39/2025
2. The Inspector of Police, Mangalam Police Station, Tiruvannamalai District.
Crime No.60/2026
3. Alex S/o. Ramadass, Resident of No.22, Dominic Nagar, Kiliyapattu Village and post, Tiruvannamalai District.
..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai District, to accept the surrender petition filed by the petitioner and on the same day consider bail petition in crime number 60 of 2026 pending investigation in file of the 2nd respondent, The Inspector of Police, Mangalam Police Station, Tiruvannamalai District
For Petitioner(s):
Mr.R.Senthilkumar For Respondent(s):
Mr.A.Amarnath Counsel for Government of Tamilnadu (Criminal Side) for RR1 & 2
ORDER
This Criminal Original Petition has been filed seeking a direction to the Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai District, to accept the surrender petition filed by the petitioner and on the same day consider bail petition in crime No. 60 of 2026 pending investigation on the file of the 2nd respondent, the Inspector of Police, Mangalam Police Station, Tiruvannamalai District.
2. Heard the learned counsel for the petitioner, and the learned Government Advocate (Crl. Side) for the respondents 1 and 2.
3. The case of the prosecution is that the de facto complainant was returning home on his motorcycle after work on 28.05.2026. At that time, a tourist van, driven by the A1, came in a rash and negligent manner. The de facto complainant fearing for his safety, move to the side of the road, whereupon he slipped and his motorcycle was damaged. The de facto complainant questioned the A1 regarding his rash driving. The A1 took away the mobile phone of the de facto complainant. Subsequently, at about 9.30 p.m. the de facto complainant accompanied by his uncle, went to the residence of the A1 and questioned him about his behaviour. The A1 got agitated and assaulted the de facto complainant with an iron rod and also abused him by referring to his caste. The wife of A1
along with two neighbours, and also the petitioner joined together, abused and assaulted the de facto complainant. Upon a crowd gathered at the scene, they left the de facto complainant.
4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case.
5. In view of the above factual position, there shall be a direction to the Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai District, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.60 of 2026 on the file of the 2nd 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 concerned within a period of fifteen days from the date of the receipt of a copy of this order.
6. The Criminal Original Petition stands disposed of accordingly. 16-06-2026 Index: Yes/No Speaking/Non-speaking order JER
M.NIRMAL KUMAR, J.
JER To
1. The Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai District,
2. THE DEPUTY SUPERINTENDENT OF POLICE Office of the Deputy Superintendent of Police, Tiruvannamalai District.
Crime No.39/2025
3. The Inspector of Police, Mangalam Police Station, Tiruvannamalai District.
Crime No.60/2026
4. The Public Prosecutor High Court of Madras.
16-06-2026