Kandasamy Goundar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2026

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 15759 of 2026 1.Kandasamy Goundar 2.Nallennasamym 3.Elango 4.Malar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Sankari Taluk, Salem District.

2.The Inspector of Police, Sankari Police Station, Salem District.

(Crime No. 256 of 2026) 3.Chinnan ... Respondents Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the Special Court for SC ST Court, Salem to consider the petitioner' bail petition on the same day on their surrender before the Court in connection with the case in Crime No.256 of 2026 on the file of the 2nd respondent police.

For Petitioners : Mr. T.N. Rangesh Kanna For Respondents : Mr. A. Amarnath, Counsel for Government of Tamil Nadu (Crl.Side) for R1 and R2 1/4

O R D E R

This Criminal Original Petition has been filed, seeking a direction to direct the Special Court for SC and ST Cases, Salem to consider the bail application of the petitioners on the same day of their surrender pertaining to the Crime No.256 of 2026 on the file of the 2nd respondent police.

2. As per the complaint, it is seen that on 31.01.2026 between 11.00 a.m., to 12.30 p.m., the defacto complainant and others had gone to visit their property. At that time, ten persons arrived in two cars, wrongfully restrained the defacto complainant and others on a public road, abused them in filthy language, uttered caste-based remarks and criminally intimidated them with weapons. Further, it is alleged that the accused collected water from the Bhavani River and sprinkled it at the place where the defacto complainant and others had been standing, purportedly to sanctify the area. According to the prosecution, the said act amounts to social boycott, discrimination and an act intended to humiliate the victims on the ground of their caste. Hence, the present case has been registered. 2/4

3. Heard the learned counsel for the petitioners and the learned Government Advocate for respondents 1 and 2 and perused the materials available on record.

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 jurisdictional Court, to consider the petitioners' bail application, preferably on the same day of their surrender, in connection with Crime No.256 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. 23.06.2026 AT 3/4

M.NIRMAL KUMAR, J.

AT To 1.The Special Court for SC and St Cases, Salem. 2.The Deputy Superintendent of Police, Sankari Taluk, Salem District.

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

4.The Public Prosecutor, High Court of Madras.

Crl. O.P. No. 15759 of 2026 23.06.2026 4/4