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Madras High CourtCRL OP/36210/2025allowed

R.Sengottaian v. The State Rep By Through The Assistant Commissioner

2026-01-08Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. R.Sengottaian

2. Malathi Petitioners Vs 1.The State of Tamil Nadu through the Assistant Commissioner/ Deputy Superintendent of Police, Erode Taluk Police Station, Erode District.

2.The State of Tamil Nadu, through the Inspector of Police, Erode Taluk Police Station, Erode District.

(Crime No.337 of 2025) 3.Natarajan Respondents PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the Principal and Sessions Judge (Special Judge), SC/ST Act cases, Erode District to consider the bail application of the petitioners in Crime No.337 of 2025 on the file of the 2nd respondent police on the same day.

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For Petitioners:

Mr.Deepan Uday For Respondents:

Mr.S.Santhosh Government Advocate (Criminal Side) for R1 and R2 Mrs.S.Angamuthu for R3

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District and Sessions Judge, (Special Judge) under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Erode District to accept the surrender petition in Crime No.337 of 2025 on the file of the Erode Taluk Police Station, Erode District and to consider the bail petition of the petitioners on the same day.

2. Mr.S.Santhosh, learned Government Advocate (Criminal Side) for R1 and R2 opposed granting of order.

3.

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 Judge, (Special Judge) under Scheduled Castes 2/5

and Scheduled Tribes (Prevention of Atrocities) Act, Erode District to consider the petitioners' bail application, preferably on the same day of their surrender, in connection with Crime No.337 of 2025 on the file of the second respondent Police and to 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 within a period of fifteen days from the date of receipt of a copy of this order. 4 . In view of the above, the Criminal Original Petition stands allowed. 08-01-2026 Index:Yes/No Speaking/Non-speaking order mrn 3/5

To 1.The Assistant commissioner Deputy Superintendent of police, Erode Taluk Police Station, Erode District.

2.The Inspector of police Erode Taluk Police Station, Erode District. (Crime No.337 of 2025) 3.The Public Prosecutor, Madras High Court, Chennai.

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A.D.JAGADISH CHANDIRA, J.

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