Madras High Court
CRL OP/29977/2026 of Rathnarithubharan @ Rithubharan Vs The State rep by the Deputy Superintendent of Poli on 14 October 2026
CRL OP No. 29977 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29977 of 2026
CNR: {HCMA012488642026}
1. Rathnarithubharan @ Rithubharan
2. Rajasekaran
3. Rajenthiran
4. Mahalingam
5. Nithishkumar
6. Suresh
7. Tamilarasan.c
8. Yuvaraj
9. M.C.Samyappan
..Petitioners
Vs
1. The State rep by the
Deputy Superintendent of Police
Perundurai,
Erode District.
2. The Sub Inspector of Police
Thingalur Police Station,
Erode District.
Crime no.0089 of 2026.
..Respondents
PRAYER: Criminal Original Petition filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to issue a direction to the Principal District and Sessions Judge, (Special Court for Exclusive Trial of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Amendment Act Cases, Erode to consider the bail petition of the petitioners on same day of their surrender in Crime No.0089 of 2026 on the file of the Respondent pending investigation.
CRL OP No. 29977 of 2026
For Petitioners:
Mr.N.S.Suganthan
For Respondents :
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 and Sessions Judge, (Special Court for Exclusive Trial of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Amendment Act Cases, Erode, to consider the petitioners’ bail petition on the same day of their surrender in connection with Crime No.89 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 and Sessions Judge, (Special Court for Exclusive Trial of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Amendment Act Cases, Erode, to consider the petitioners’ bail application, preferably on the same day of their surrender in connection with Crime No. 89 of 2026 and pass appropriate orders in accordance with law, after affording due opportunity of hearing to the victim as contemplated under
CRL OP No. 29977 of 2026
Section 15A 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.
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 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 favourably.
4. With the above direction, the Criminal Original Petition stands disposed of. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP
CRL OP No. 29977 of 2026
To
1. The Principal District and Sessions Judge, (Special Court for Exclusive Trial of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Amendment Act Cases, Erode.
2. The Deputy Superintendent of Police Perundurai, Erode District.
3. The Sub Inspector of Police Thingalur Police Station, Erode District.
4. The Public Prosecutor High Court of Madras.
CRL OP No. 29977 of 2026
G.K.ILANTHIRAIYAN, J. LPP CRL OP No. 29977 of 2026 14-10-2026