Kumaralingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Kumaralingam S/o.Jambukeswaran, Plot No.208, Chariot Flats, No.45, Karaikattu Street,

2. Venkatesan Alias Sri Venkatesh S/o.Subramanian, Plot No.110, Chariot Flats, No.45, Karaikattu Street,

3. Nirmal Kumar S/o.Ganesan, Plot No.306, Chariot Apartment, No.45, Karaikattu Street, Petitioner(s) Vs

1. State Rep By Deputy Superintendent of Police, 2.Inspector of Police Thiruvarur Town Police Station,

3.Ishwarya W/o.Gopinath, No.105, Kamala Block, Chariot Flats, Karakattu Street, Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, to direct the Honble District Judge Special Court for trial of cases under Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 to accept the surrender of the petitioners and consider the bail application on the same day in Crime No.225 of 2025 on the fie of the Inspector of Police,Thiruvarur Town Police Station, Thiruvarur and thus render justice.

For Petitioner(s):

N.Iyyakannu G.M.Sudalaiani B.Sankarganesh For Respondent:

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

ORDER

This Petition has been filed to direct the Honble District Judge Special Court for trial of cases under Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 to accept the surrender of the petitioners and consider the bail application on the same day in Crime No.225 of 2025 on the file of the Inspector of Police,Thiruvarur Town Police Station, Thiruvarur.

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, Thiruvarur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime.No.225 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 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. 26-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

N.SATHISH KUMAR J.

gsk To 1.State Rep By Deputy Superintendent of Police, Thiruvarur.

2.Inspector of Police Thiruvarur Town Police Station, Thiruvarur.

3.Ishwarya W/o.Gopinath, No.105, Kamala Block, Chariot Flats, Karakattu Street, 26.08.2025