Madras High Court
CRL OP/30061/2026 of Sivasankar @ Sankar Vs The State Represented By its on 16 October 2026
CRL OP No. 30061 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30061 of 2026
CNR: {HCMA012480012026}
Sivasankar @ Sankar
..Petitioner
Vs
1. The State Represented by its
The Deputy Superintendent of Police,
Kallakurichi District.
2. The Inspector of Police
Kallakurichi Police Station,
Kallakurichi District.
3. Venkadesan
..Respondents
PRAYER: The Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to give a direction to Principal District Sessions Court at Kallakurichi District, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No. 641 of 2026 on the file of the second respondent.
For Petitioner:
Mr.D.Padmanabhan
For Respondents 1 & 2:
Mr.R.Ganesh Kumar,
Additional Public Prosecutor
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ORDER
This Criminal Original Petition has been filed seeking a direction to the Principal District Sessions Court, Kallakurichi to consider the petitioner’s bail
CRL OP No. 30061 of 2026
petition on the same day of his surrender in connection with Crime No.641 of 2026, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. In 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 Principal District Sessions Court, Kallakurichi to consider the petitioner’s bail application, preferably on the same day of his surrender in connection with Crime No.641 of 2026, and pass appropriate orders in accordance with law, after affording due opportunity of hearing to the victim as contemplated under Section 15A of the SC/ST Act. The petitioner 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.
3. It 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.
CRL OP No. 30061 of 2026
4. With the above direction, the Criminal Original Petition stands disposed of. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP/PSK To
1. The Principal District Sessions Court, Kallakurichi District.
2. The Deputy Superintendent of Police, Kallakurichi District.
3. The Inspector of Police Kallakurichi Police Station, Kallakurichi District.
4. The Public Prosecutor High Court of Madras, Chennai.
CRL OP No. 30061 of 2026
G.K.ILANTHIRAIYAN, J. LPP/PSK CRL OP No. 30061 of 2026 16-10-2026