Madras High CourtCRL OP(MD)/269/2026allowed

B.Prakash v. The State Of Taminadu

2026-01-08Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.269 of 2026 1.B.Prakash 2.S.Siva

...Petitioners / Accused Rank

Not Known Vs.

1.The Deputy Superintendent of Police, O/o., the Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The State rep., by The Inspector of Police, Velayuthapattinam Police Station, Sivagavgai District.

In Crime No.87 of 2025 3.Prasanth ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Sivagangai, to accept the surrender of the petitioners and consider their bail 1/6

application and grant bail on the same date of surrender itself in connection with the case in Crime No.87 of 2025 registered on 24.11.2025 on the file of the second respondent police for alleged offences under Sections 296(b) and 118(i) of BNS Act, 2023 (Corresponding Sections 294(b) and 324 IPC) r/w and Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Act, 1989 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and for other reliefs.

For Petitioners : Mr.D.S.Harron Rasheed For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Sivagangai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.87 of 2025 dated 24.11.2025 on the file of the second respondent police.

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2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. The case of the prosecution is that when the defacto complainant was proceeding on a two-wheeler near Mathinivilakku, A1, who was also riding a two-wheeler and both of them collided with each other accidently. As a result of which, both fell down. Thereafter, the other accused persons, who are friends of A1, joined together and assaulted the defacto complainant using stones and hands, and further humiliated him by referring to his caste. Based on these allegations, an FIR has been registered against the petitioners.

4. Heard the learned counsel on either side and carefully perused the materials available on record.

5. Considering the limited scope of the relief sought for, this Court hereby direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Sivagangai, to 3/6

issue prior notice to the de facto complainant and thereafter, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.87 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 08.01.2026 NCC : Yes / No Index : Yes / No Rmk To 1.The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Sivagangai. 2.The Deputy Superintendent of Police, O/o., the Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police, Velayuthapattinam Police Station, Sivagavgai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.269 of 2026 08.01.2026 6/6