Chinniah v. The Deputy Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN Crl.O.P(MD)No.9473 of 2026 1.Chinniah, S/o.Malaisamy @ Navaneethan 2.Jothi @ Jothimani, W/o.Malaisamy @ Navaneethan 3.Thamilarasi, W/o.Sankarlingam 4.Samimookkan @ Malaisamy Mukkan, S/o.Sangaralingam
...Petitioners/A1 to A4
Vs 1.The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.
2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.
(Crime No.271 of 2026) ... Respondents 1 & 2/ Complainants 1/6
3.Selvam .... 3rd Respondent/ ` De-facto Complainant/Victim PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District, to consider the bail application for the petitioners on the same day in the event of surrender by the petitioners and seek bail in Crime No.271 of 2026 on the file of the 2nd respondent police. For Petitioners : Mr.S.Arjun, Advocate For R1 & R2 : Mr.M.Sakthi Kumar, Government Advocate (Crl Side)
ORDER
The present Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.271 of 2026 on the file of the second respondent police.
2. The petitioners are the accused for the offences punishable under Sections 296(b), 329(3), 118(1), & 115(2) of BNS, 2023, read with Sections 2/6
3(1)(r), 3(1)(s), & 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.271 of 2026, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.
3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.
4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 submitted that the injured has been discharged from the hospital.
5. 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 Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District, to consider the petitioners' bail application, preferably on 3/6
the same day of his surrender in connection with Crime No.271 of 2026 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of the receipt of a copy of this order.
6. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.
7. With the above direction, this Criminal Original Petition stands allowed.
13.05.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No mkn/ta 4/6
To 1.The Special Court for Exclusive Trial of SC and ST Cases, Dindigul District.
2.The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.
3.The Inspector of Police, Natham Police Station, Natham, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K. RAMAKRISHNAN, J.
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