Kandasamy v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.

Kandasamy Dhanasekaran ... Petitioners Vs.

1.

The State represented by, The Deputy Superintendent of Police, Erode Rural, Erode District.

The Inspector of Police, Modakuruchi Police Station, Erode District.

(Crime No.239 of 2025) ... Respondents PRAYER: Criminal Original petitioners is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Principal District Court (Special Court for Exclusive Trial of SC/ST Act cases), Erode, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.239 of 2025 on the file of the second respondent Police. 1/6

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For Petitioners : Mr.A.Kumaraguru For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the Principal District Court (Special Court for Exclusive Trial of SC/ST Act Cases), Erode, to accept the surrender of the petitioners and consequently consider their bail petitions on the same day, on merits, in connection with Crime No.239 of 2025 on the file of the second respondent Police.

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 Principal District Court (Special Court for Exclusive Trial of SC/ST Act cases), Erode, to consider the petitioners' bail application(s), preferably on the same day of their surrender, in connection with Crime No.239 of 2025 on the file of the second respondent Police and to pass appropriate orders in 3/6

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 within a period of fifteen days from the date of receipt of a copy of this order. 3.

Accordingly, this Criminal Original Petition stands allowed. 25.11.2025 ham To 1.

The Principal District Court, Special Court for Exclusive Trial of SC/ST Act Cases, Erode.

The Deputy Superintendent of Police, Erode Rural, Erode District.

3.

The Inspector of Police, Modakuruchi Police Station, Erode District.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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