[Cites 3, Cited by 0]
Madras High Court
Chinniah vs The Deputy Superintendent Of Police, on 13 May, 2026
Crl.O.P.(MD).No.9473 of 2026
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
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Crl.O.P.(MD).No.9473 of 2026
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
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Crl.O.P.(MD).No.9473 of 2026
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
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Crl.O.P.(MD).No.9473 of 2026
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.9473 of 2026
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.9473 of 2026
K.K. RAMAKRISHNAN, J.
mkn/ta
13.05.2026
https://www.mhc.tn.gov.in/judis
