Harish Kumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR 1.

Harish Kumar 2.

Subashini 3.

Usha Rani ... Petitioners Vs.

1.

The Deputy Superintendent of Police, Ulunthur Division, Kallakurichi District.

2.

The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

(Crime No.415 of 2025) 3.

Dhanalakshmi ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Principal District and Sessions Court for SC/ST Act cases, Kallakurichi, to consider the bail application to be filed by the petitioners, on the same day of their surrender in connection with Crime No.415 of 2025 on the file of the 2nd respondent. For Petitioners : Mr.A.Vadivel For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal District and Sessions Court for SC/ST Act cases, Kallakurichi to accept the surrender of the petitioners and consequently consider their bail petition on merits on the same day in Crime No.415 of 2025 on the file of the second 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Court for SC/ST Act cases, Kallakurichi, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.415 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 petitioners 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.

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3. In view of the above, the Criminal Original Petition stands allowed.

21.08.2025 ham To

1. The Principal District and Sessions Court for SC/ST Act cases, Kallakurichi, 2.

The Deputy Superintendent of Police, Ulunthur Division, Kallakurichi District.

3.

The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham 21.08.2025 4/4