Eswari v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR 1.Eswari 2.Nandhini 3.Tamilarasan ... Petitioners Vs.

1.

The Deputy Superintendent of Police, Sankari, Salem District.

2.

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

(Crime No.236 of 2025) 3.

Tamilselvi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Crl.P.C. r/w Section 528 of BNSS, 2023, to direct the District Principal Sessions Judge (The Special Court for SC & ST Act cases), Salem, to consider the Bail Petition to be filed by the petitioners, on their surrender on the same day, on merits in connection with the case in Crime No.236 of 2025 pending investigation on the file of the respondent police. 1/4

For Petitioners : Mr.A.Saravanan For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the District Principal Sessions Judge (The Special Court for SC & ST Act cases), Salem, to accept the surrender of the petitioners and consequently, consider their bail petition in connection with Crime No.236 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 District Principal Sessions Judge (The Special Court for SC & ST Act cases), Salem, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.236 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 2/4

of the receipt of a copy of this Order.

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

08.10.2025 kak To 1.

The District Principal Sessions Judge, (The Special Court for SC & ST Act cases), Salem.

2.

The Deputy Superintendent of Police, Sankari, Salem District.

3.

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

4. The Public Prosecutor, High Court of Madras.

3/4

N. SATHISH KUMAR , J.

kak 08.10.2025 4/4