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Madras High CourtCRL OP(MD)/9470/2026allowed

Govintharajamani @ Govindha Manimuthu v. The Deputy Superintendent Of Police, Kamuthi Sub Division,

2026-05-13Honourable Mr Justice K.K. Ramakrishnan6 pages

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.9470 of 2026 Govintharajamani @ Govindha Manimuthu, S/o.Chidambaranathan

...Petitioner/Sole Accused

Vs 1.The Deputy Superintendent of Police, Kamuthi Sub Division, Ramanathapuram District.

2.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.81 of 2026) ... Respondents 1 & 2/ Complainants 3.Rajeswari .... 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 Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram, to accept the 1/6

petitioner's surrender in connection with Crime No.81 of 2026, on the file of the 2nd respondent and consider the bail application on the very same day in accordance with law.

For Petitioner : Mr.G.Vishnuram, 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 Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.81 of 2026 on the file of the second respondent police.

2. The petitioner is the sole accused for the offences punishable under Sections 296(b), 115(2), & 351(3) of BNS, 2023, read with Sections 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.81 of 2026, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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3. Heard the learned counsel appearing for the petitioner, 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 de-facto complainant had sustained only simple injuries.

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 Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.81 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 petitioner shall surrender before 3/6

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 petitioner 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 Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram.

2.The Deputy Superintendent of Police, Kamuthi Sub Division, Ramanathapuram District.

3.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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

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K.K. RAMAKRISHNAN, J.

mkn/ta Crl.O.P(MD)No.9470 of 2026 13.05.2026 6/6