Citation : 2026 Latest Caselaw 2471 Mad
Judgement Date : 13 May, 2026
CRL OP(MD). No.9455 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.9455 of 2026
1. Jeyaraman @ Jeya Ram
2. Gomathi
3. Ragul ... Petitioners
Vs
1. The State of Tamilnadu, Rep. by
The Deputy Superintendent of Police,
Aundipatti,
Theni District.
2. State of Tamilnadu, Rep by
The Inspector of Police,
Myladumparai Police Station,
Theni District.
Crime No.127/2026.
3. Pradeepkannan ... Respondents
PRAYER :-
Petition filed under Section 528 of BNSS, to direct the learned Special
Court for Exclusive Trial of SC/ST Cases, Theni to consider the bail
application on their surrender on the same day if any petition filed by the
1/6
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CRL OP(MD). No.9455 of 2026
petitioners in crime No.127/2026 on the file of the 2nd respondent.
For Petitioners : Mr.C.Susikumar
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 Judge, Special Court
for Exclusive Trial of SC/ST Cases, Theni to accept the surrender of the
petitioners and consider their bail applications on the same day on merits
in relating to Crime No.127 of 2026, on the file of the second respondent
police.
2. The petitioners are accused for the offences punishable under
Sections 296(b), 118(1), 351(3) of BNS and 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.127 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 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
1st accused is having three previous cases, the 2nd accused is having two
previous cases and the 3rd accused is not having any previous case.
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 learned Judge, Special Court for Exclusive Trial
of SC/ST Cases, Theni, to consider the petitioners' bail applications,
preferably on the same day of their surrender in connection with Crime
No.127 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,
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within a period of fifteen days, from the date of the receipt of a copy of
this order.
6. At the time of passing orders, the learned learned Judge, Special
Court for Exclusive Trial of SC/ST Cases, Theni is directed to take note
of the petitioners' previous cases also.
7. 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.
8. With the above direction, this Criminal Original Petition stands
allowed.
13.05.2026 ogy Index : Yes / No. Internet: Yes / No. NCC : Yes / No.
https://www.mhc.tn.gov.in/judis
To
1. The Special Court for Exclusive Trial of SC/ST Cases, Theni
2. The Deputy Superintendent of Police, Aundipatti, Theni District.
3. The Inspector of Police, Myladumparai Police Station, Theni District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K. RAMAKRISHNAN, J.
ogy
ORDER IN
Date : 13.05.2026
https://www.mhc.tn.gov.in/judis
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