Pechimuthu v. The State of Tamilnadu

ORDER The petitioners are accused in Crime No.158 of 2026 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 296(b), 115(2), 133 of BNS r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Therefore the petitioners have filed this petition seeking a direction to the Special Court concerned to dispose of their bail application on the date of surrender.

2.The learned Counsel for the petitioners submits the petitioners have not committed any offence as alleged by the prosecution and the dispute is with regard to throwing of wastes. The defacto complainant and the petitioners are neighbours. He further submits that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. In view of the bar under Section 18 of the SC/ST

(POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. Therefore, the petitioners seek a direction for disposal of the bail application on the same day.

3.The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that the petitioners were in the habit of throwing wastes in front of the defacto complainant and when it has been questioned by the defacto complainant, the petitioners abused the defacto complainant used derogatory words and assaulted him with hands.

4.Considering the facts and circumstances of the case, this Criminal Original Petition is ordered with a direction to the petitioners to surrender within a period of two weeks from the date of receipt of a copy of this order before the Special Court for Trial of Cases under SC & ST (POA) Act, Dindigul, which, in turn, is directed to entertain the bail application if any filed by the petitioners on the same day. In the meantime, the petitioners shall serve a copy of the bail petition well in advance to the defacto complaint along with the proposed date of the surrender, enabling the defacto complainant to advance the arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day.

20.04.2026 DSK To

1.The Sessions Judge, Special Court for Trial of Cases under SC & ST (POA) Act, Dindigul.

¶2The Deputy Superintendent of Police, Oddanchatram Taluk, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

B.PUGALENDHI, J. DSK

20.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2026 CORAM THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Pechimuthu 2.Karthika ... Petitioners versus 1.The State of Tamil Nadu rep by its The Deputy Superintendent of Police, Oddanchatram Taluk, Dindigul District. 2.The Inspector of Police, Sempatti Police Station, Dindigul District. [Crime No.158 of 2026] 3.Murugan ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to direct the Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Dindigul to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.158 of 2026 on the file of the 2nd respondent. For Petitioner : Mr.VS.Ariharasudhan For R1 and R2 : Mr.A.Albert James, Government Advocate (Crl. side)