Eswaramoorthy v. The State Rep by the Deputy Superintendent of Police

ORDER This petition is filed for a direction to the Sessions Judge, Special Court for Trial of cases Under SC/ST (POA) Act, Tiruppur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.849 of 2026, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶2In view of the specific bar contained under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misuse of the salutary and laudable object of the legislation against innocent persons, there shall be a direction to the Special Court/ Sessions Judge, Special Court for Trial of cases Page3 of 5 Under SC/ST (POA) Act, Tiruppur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.849 of 2026 and pass appropriate orders in accordance with law, after affording due opportunity of hearing to the victim as contemplated 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.

¶3It 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 petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

¶4With the above direction, the Criminal Original Petition stands disposed of. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Vv Page4 of 5 To

¶1The Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Tiruppur

¶2The Deputy Superintendent of Police Palladam,Tiruppur District - 641 664.

¶3The Inspector of Police, Palladam Police Station, Palladam Taluk, Tiruppur District.

¶4The Public Prosecutor, High Court of Madras, Chennai. CRLoOPoNo.o23346oofo2026 G.K.ILANTHIRAIYAN,oJ. Vv CRLoOPoNo.o23346oofo2026 19-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN 1. Eswaramoorthy S/o.Palanisamy, No.2/51, Pollikalipalayam, Semalaigoundampalayam, Alagumalai, Tiruppur District - 641 665. 2. Gandhimathy W/o.Sivakumar, No.3/115, Kalaran Thottam, Aluthupalayam, Vadugapalayam Puthur, Palladam Taluk, Tiruppur District - 641 664. ..Petitioner(s) Vs 1. The State Rep by The Deputy Superintendent of Police, Palladam, Tiruppur District - 641 664. 2. The Inspector of Police Palladam Police Station, Palladam Taluk, Tiruppur District. 3. Karthik, S/o.Kannan, No.4/575, Madeshwaran Nagar, Ganapathypalayam, Palladam Taluk, Tiruppur District - 641 664. ..Respondent(s) Page2 of 5 Prayer: Criminal Original Petition filed under Section 528 of BNSS, to direct the Learned Sessions Judge, Special Court for Trial of cases Under SC/ST (POA) Act, Tiruppur, to accept the surrender of the petitioners and consider the bail application on the same day in connection with crime No.849 of 2026 on the file of Inspector of Police, Palladam Police Station, Palladam Taluk, Tiruppur District and pass such further or other orders as may be deem fit and proper in the circumstances of the case. For Petitioner(s): Mr.S.V.Logeshwaran For Respondent(s): Mr.R.Ganesh Kumar, Counsel for Government of Tamilnadu, (Crl.Side) for R1 and R2