S.Dinaker v. The Deputy Superintendent of Police

ORDER This Criminal Original Petition has been filed, seeking a direction to direct the learned Sessions Judge, Special Courts for Trial of cases under SC/ST (Prevention of Atrocities) Act, Tiruppur to consider the bail application of the petitioner herein on the very day of surrender pertaining to the Crime No.26 of 2026 on the file of the 2nd respondent police.

¶2The case of the prosecution is that, while the de facto complainant was returning home, at that time, the petitioner along with three others, allegedly threatened and abused one Sathish, demanding the repayment of borrowed money. When this was questioned by the de facto complainant, the petitioner and others allegedly abused him by uttering his caste name, and intentionally humiliated him on the basis of his caste, and also issued threats. Hence, the case has been registered.

¶3Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 and 2 and perused the materials available on record. Page3 of 5

¶4In 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 jurisdictional Court, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.26 of 2026 on the file of the second respondent Police and to pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST

(PoA) Act, 1989. The petitioner shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

¶5Accordingly, this Criminal Original Petition stands allowed. 20-04-2026 Index: Yes/No Speaking/Non-speaking order jd Page4 of 5 To

¶1The Deputy Superintendent of Police, Kangayam, Tiruppur District.

¶2The State rep. by The Inspector of Police, Uthiyur Police Station, Uthiyur, Tiruppur District.

¶3The Public Prosecutor, Madras High Court. CRLoOPoNo.o9805oofo2026 M.NIRMALoKUMAR,oJ. jd CRLoOPoNo.o9805oofo2026 20-04-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR S.Dinaker ..Petitioner(s) Vs 1. The Deputy Superintendent of Police, Kangayam, Tiruppur District. 2. The State rep. by The Inspector of Police, Uthiyur Police Station, Uthiyur, Tiruppur District. (Crime No.26 of 2026) 3. Kumar ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Courts for Trial of cases under SC/ST (Prevention of Atrocities) Act, Tiruppur to consider the bail application of the petitioner herein on the very day of surrender pertaining to the Crime No.26 of 2026 on the file of the 2nd respondent police. For Petitioner(s): Mr.Raghu D For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor for R1 & R2 Page2 of 5