Palanisamy v. The State Rep By The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
1. PALANISAMY S/o. Kandasamy, No.651, Melravandavadi Village, Chengam Taluk, Tiruvannamalai District.
2. Anandan S/o. Palanisamy, No.651, Melravandavadi Village, Chengam Taluk, Tiruvannamalai District.
Petitioner(s) Vs
1. The State rep by The Deputy Superintendent of Police Melchengam Police Station, Tiruvannamalai District.
2.The Inspector of Police Melchengam Police Station, Tiruvannamalai District.
3.Naryaniyammal W/o. Ponnumsamy, Irular Kudiyiruppu,
Melravanthavadi Village and Post, Chengam taluk, Tiruvannamalai District.
Respondent(s) PRAYER Criminal Original Petition filed under section 528 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 petitioner Bail Application in connection with the Crime No.224 of 2025 on the file of the 2nd respondent police on their surrender and pass orders on merits on the same day. For Petitioner(s):
Sathiyaraj E.
For Respondent(s):
Mr.K.M.D.Muhilan, Additional Public Prosecutor - R1 & R2
ORDER
This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST Act Cases, Tiruvannamalai District to accept the surrender of the petitioner and consequently consider the bail petition on merits on the same day in Crime No.224 of 2025 on the file of the second respondent police.
2. When the matter is taken up today, it is submitted by the learned counsel appearing for the petitioner that the first petitioner has been arrested on 12.08.2025 and remanded to judicial custody.
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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Court for SC/ST Act Cases, Tiruvannamalai District, to consider the second petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.224 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 second 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 as
against the second petitioner. As far as the first petitioner is concerned as he has already been arrested, the petition is dismissed as infructuous with respect to the first petitioner.
20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc
To
1. The Principal District and Sessions Judge, Special Court for SC/ST Act Cases, Tiruvannamalai District,
2. The Deputy Superintendent of Police Melchengam Police Station, Tiruvannamalai District.
3.The Inspector of Police Melchengam Police Station, Tiruvannamalai District.
4. The Additional Public Prosecutor, High Court, Madras.
N.SATHISH KUMAR J.
vrc CRL OP No. 23054 of 20-08-2025