M.Palanivel v. Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM:

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

M.Palanivel 2.

P.Banupriya ... Petitioners Vs.

1.

The Deputy Superintendent of Police, Omalur Sub Division, Salem District.

2.

The State represented by, The Inspector of Police, Jalakandapuram Police Station, Salem District.

(Crime No.234 of 2025) 3.

Sudha ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C/528 of BNSS, to direct the learned Special Court for the exclusive trial of cases registered under SC/ST (POA) Act, Salem, to accept the surrender of the petitioners on merits in connection with Crime No.234 of 2025 on the file of the 2nd respondent on the same day of his surrender. For Petitioners : Mr.S.Sathish For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

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This Criminal Original Petition has been filed seeking for a direction to the learned Special Court for the exclusive trial of cases registered under SC/ST (POA) Act, Salem, to accept the surrender of the petitioners and consequently, consider their bail petition in connection with Crime No.234 of 2025 on the file of the second respondent police, on merits on the same day.

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 Special Court for the exclusive trial of cases registered under SC/ST (POA) Act, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.234 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. 2/4

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

11.09.2025 ham To

1. The Special Court for the exclusive trial of cases registered under SC/ST (POA) Act, Salem.

2.

The Deputy Superintendent of Police, Omalur Sub Division, Salem District.

3.

The Inspector of Police, Jalakandapuram Police Station, Salem District.

4. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham 11.09.2025 4/4