Rajakumaran @ Rajkumar vs The State Of Tamilnadu Rep By
2026 Latest Caselaw 2461 Mad

Madras High Court

Rajakumaran @ Rajkumar vs The State Of Tamilnadu Rep By on 13 May, 2026

                                                                         CRL OP(MD). No.9454 of 2026




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated : 13.05.2026

                                                      CORAM

                           THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

                                           CRL OP(MD)No.9454 of 2026


                     1. Rajakumaran @ Rajkumar
                     2. Mayandi
                     3. Lakshmi                                                    ... Petitioners

                                                         Vs

                     1. The State of Tamilnadu, Rep by
                        The Deputy Superintendent of Police,
                        Periyakulam,
                        Theni District.

                     2. The Inspector of Police,
                        Thenkarai Police Station,
                        Theni District.
                       (Crime No. 378 of 2026).

                     3. Annadurai                                                ... Respondents

                     PRAYER :-

                             Petition filed under Section 528 of BNSS, to direct the Sessions
                     Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA),
                     Act, 1989, Theni, to consider the petitioners' bail application on the same


                     1/6




https://www.mhc.tn.gov.in/judis
                                                                             CRL OP(MD). No.9454 of 2026


                     day of their surrender in Crime No. 378 of 2026 on the file of the 2nd
                     respondent police.

                                       For Petitioner    : Mr.S.Muniyandi
                                       For R1 and R2     : Mr.P.Kottaichamy,
                                                           Government Advocate (Crl. side)

                                                         ORDER

This Criminal Original Petition has been filed, invoking Section

528 of BNSS, seeking orders to direct the learned Sessions Judge,

Special Court of Exclusive Trial of Cases under SC/ST (POA), Act,

1989, Theni, to accept the surrender of the petitioners and consider their

bail applications on the same day on merits in relating to Crime No.378

of 2026, on the file of the second respondent police.

2. The petitioners are accused for the offences punishable under

Sections 146, 127(4), 115(2) of BNS, Section 14(1) of Prohibition of

Child Labour Act, Sections 16, 17, 18 of Bonded Labour Act r/w 3(i)(p),

3(i)(h), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989, in Crime No.378 of 2026, pending

on the file of the second respondent police and apprehending arrest, they

have filed the present petition.

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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 (Crl. Side) submits that the

petitioners have committed offence not only under the provisions of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989, but also for the offences under the provisions of Prohibition of

Child Labour Act and Bonded Labour Act.

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 of Exclusive Trial

of Cases under SC/ST (POA), Act, 1989, Theni, to consider the

petitioners' bail applications, preferably on the same day of their

surrender in connection with Crime No.378 of 2026, on the file of the

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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, if any, 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 ogy

Index : Yes / No. Internet: Yes / No. NCC : Yes / No.

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To

1.The Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA), Act, 1989, Theni

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni District.

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

https://www.mhc.tn.gov.in/judis

K.K. RAMAKRISHNAN,J.

ogy

13.05.2026

https://www.mhc.tn.gov.in/judis