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Madras High CourtCRL OP(MD)/9829/2026disposed of

Balakrishnan v. The Deputy Superintendent Of Police

2026-05-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.05.2026

CORAM

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

1. Balakrishnan

2. Venkatesan

3. Ananth ... Petitioners Vs.

1. The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

(Crime No. 221 of 2026).

3. Prasanth ... Respondents PRAYER :- Petition filed under Section 528 of BNSS, 2023, to direct the learned Additional District and Session Judge (PCR), Trichy, to pass order on bail petition filed by the petitioner on the same day of surrender in Crime No. 221 of 2026 on the file of the respondent police. 1/6

For Petitioners : M/s.J.Madhu For R1 and R2 : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu (Crl. side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders to direct the learned Additional District and Session Judge (PCR), Trichy, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.221 of 2026 on the file of the second respondent police.

2. The petitioners are accused Nos.1 to 3 for the offences punishable under Sections 115(2), 118(1), 351(2), 296(b) BNS r/w. Sections 3(l)(r), 3(l)(s), 3(2)(va) of the Scheduled Caste and the Scheduled Tribes Act (Prevention of Atrocities) Act, 1989, in Crime No. 221 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 2/6

learned counsel for State of Tamil Nadu (Crl. Side) appearing for the respondents 1 and 2 and perused the materials available on record.

4. The learned counsel for State of Tamil Nadu (Crl. Side) appearing for the respondents 1 and 2 would submit that in this case, no one has been injured and the petitioners are not having any previous cases.

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 Additional District and Session Judge (PCR), Trichy, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.221 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 3/6

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.

27.05.2026 ogy Index : Yes / No.

Internet: Yes / No.

NCC : Yes / No.

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To

1. The Additional District and Session Judge (PCR), Trichy.

2. The Deputy Superintendent of Police, Musiri, Trichy District.

3. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

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

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K.MURALI SHANKAR, J.

ogy CRL OP(MD) No.9829 of 2026 27.05.2026 6/6