Sivakumar v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. SIVAKUMAR S/o.Pichapillai, North Street, Valikandapuram Via, Elumur (East), Ayikudi, Perambalur District.

Petitioner(s) Vs

1. The Deputy Superintendent of Police, Thuraimangalam, Brahmadasan, Perambalur-621 212.

2.The Inspector of Police, Mangalmedu Police Station, Perambalur District. Cr.No.311/2025.

3.Palanisamy S/o.Ramasamy, North Street, Valikandapuram Via, Elumur (East), Ayikudi, Perambalur District.

Respondent(s)

PRAYER : Petition filed under Section 482 of Cr.P.C / Section 528 of BNSS, to direct the Special Court for trial of SC/ST Cases, Perambalur to accept the surrender and consider the petitioners bail application sympathetically and pass orders on merits on the same day of his surrender in connection with Cr.No.311/2025 dated 28.07.2025 pending on the file of the 2nd respondent police.

For Petitioner(s):

E.C.Ramesh N.Lavanya S.Chendur Eashwaran S.Hariram Kumar For Respondent(s):

Mr.Vinoth Raja, Govt.Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the Special Court for trial of SC/ST Cases, Perambalur to accept the surrender and consider the petitioner's bail application sympathetically and pass orders on merits on the same day of his surrender in connection with Cr.No.311/2025 dated 28.07.2025 pending on the file of the 2nd respondent police.

2. 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 of the possibility of misusing the pious intention of the Parliament

against innocent persons, there shall be a direction to learned Special Judge, Special Court Designated under SC/ST Prevention of Atrocity Amendment Act, Perambalur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.311 of 2025 on the file of the second respondent and 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 concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

N.SATHISH KUMAR J.

gsk To 1.The Deputy Superintendent of Police, Thuraimangalam, Brahmadasan, Perambalur-621 212.

2.The Inspector of Police, Mangalmedu Police Station, Perambalur District. Cr.No.311/2025.

Crl.O.P.No.22782 of 2025 3.Palanisamy S/o.Ramasamy, North Street, Valikandapuram Via, Elumur (East), Ayikudi, Perambalur District.

18.08.2025