Kannan v. The Deputy Superintendent of Police

ORDER This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders to direct the learned III Additional District and Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Madurai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.117 of 2026 on the file of the second respondent police.

¶2The petitioners are accused Nos.1 to 5 for the offences punishable under Sections 191(2), 296(b), 115(2) and 351(2) of BNS r/w. Sections 3(l)(r), 3(l)(s), 3(2)(va) of the Scheduled Caste and the Scheduled Tribes Act (Prevention of Atrocities) Act, 1989, in Crime No. 117 of 2026, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

¶3Heard the learned counsel appearing for the petitioners, the learned counsel for State of Tamil Nadu (Crl. Side) appearing for the respondents 1 and 2 and perused the materials available on record.

¶4The learned counsel for State of Tamil Nadu (Crl. Side) appearing for the respondents 1 and 2 would submit that in this case, no one has been injured and the first petitioner is having two previous cases and the same were disposed of.

¶5In 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 III Additional District and Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.117 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.

¶6It 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.

¶7With the above direction, this Criminal Original Petition stands allowed.

27.05.2026 ogy Index : Yes / No. Internet: Yes / No. NCC : Yes / No. To

¶1The III Additional District and Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Madurai.

¶2The Deputy Superintendent of Police, Thirumangalam, Madurai District.

¶3The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

K.MURALI SHANKAR, J. ogy

CRL OP(MD) No.9863 of 2026

27.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.05.2026 CORAM THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD)No.9863 of 2026 1. Kannan 2. Muniyandi @ Vadivel 3. Muthu 4. Vijaya @ Viji 5. Laxmi ... Petitioners Vs 1. The Deputy Superintendent of Police, Thirumangalam, Madurai District. 2. State of Tamilnadu, Rep by Inspector of Police, Thirumangalam Taluk Police Station, Madurai District. (Crime No. 117 of 2026) 3. Panjavarnam ... Respondents PRAYER :- Petition filed under Section 528 of BNSS, to direct the learned III Additional District and Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Madurai to consider the petitioners' bail application on the same day of their surrender in Crime No. 117 of 2026 on the file of the respondent Police. For Petitioners : Mr.S.Muniyandi For R1 and R2 : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu (Crl. side)