CRL OP/9805/2026 of S.Dinaker Vs The Deputy Superintendent of Police

CRL OP No. 9805 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 9805 of 2026 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 applic ation of the petitioner herein on the very day of surrender pertaining to the Cri me 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 https://www.mhc.tn.gov.in/judis CRL OP No. 9805 of 2026 __________ Page2 of 5 ORDER This Criminal Original Petition has been filed, seeking a direct ion to direct the learned Sessions Judge, Special Courts for Trial of cases under SC/ST (Prevention of Atrocities) Act, Tiruppur to consider the bail applic ation of the petitioner herein on the very day of surrender pertaining to the Cri me No.26 of 2026 on the file of the 2nd respondent police. 2. The case of the prosecution is that, while the de facto complaina nt was returning home, at that time, the petitioner along with three othe rs, allegedly threatened and abused one Sathish, demanding the repayment of borrowed money. When this was questioned by the de facto complainant, the petit ioner and others allegedly abused him by uttering his caste name, and i ntentionally humiliated him on the basis of his caste, and also issued threats. H ence, the case has been registered. 3. Heard the learned counsel for the petitioner and the learned Addi tional Public Prosecutor for respondents 1 and 2 and perused the materials a vailable on record. https://www.mhc.tn.gov.in/judis CRL OP No. 9805 of 2026 __________ Page3 of 5 4. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also t aking into consideration the possibility of misusing the pious intention of the Parliam ent 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 l aw, 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. 5. Accordingly, this Criminal Original Petition stands allowed. 20-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No jd https://www.mhc.tn.gov.in/judis CRL OP No. 9805 of 2026 __________ Page4 of 5 To 1. The Deputy Superintendent of Police, Kangayam, Tiruppur District. 2. The State rep. by The Inspector of Police, Uthiyur Police Station, Uthiyur, Tiruppur District. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 9805 of 2026 __________ Page5 of 5 M.NIRMAL KUMAR, J. jd CRL OP No. 9805 of 2026 20-04-2026 https://www.mhc.tn.gov.in/judis