Madras High Court

CRL OP/31028/2026 of M.Jahir Hussain Vs The State Rep. by, The Superintendent of Police on 27 October 2026

CRL OP No. 31028 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 31028 of 2026

CNR: {HCMA012519262026}

1. M.Jahir Hussain

S/o Mohammed Abubakkar,

No.852, Nethaji Nagar,

Kottakkarai, Thervazhi Village,

Gummudipoondi Taluk,

Tiruvallur District.

2. J.Habeeba

W/o M.Jahir Hussain,

No.852, Nethaji Nagar,

Kottakkarai, Thervazhi Village,

Gummudipoondi Taluk,

Tiruvallur District.

..Petitioner(s)

Vs

1. The State Rep. by, The Superintendent of Police Thiruvallur District.

2. The Deputy Superintendent of Police

Gummudipoondi Police Sub Division,

Gummudipoondi.

3. The Inspector of Police

All Women Police Station,

Gummudipoondi,

Gummudipoondi Taluk,

Tiruvallur District.

Crime No.15 of 2026.

4. Sarashwathi

D/o Suganantham,

Vettu Colony Pudhu Nagar,

Gummudipoondi,

Gummudipoondi Taluk.

..Respondent(s)

CRL OP No. 31028 of 2026

Page 1 of 3

Prayer: This petition is filed under Section 528 of BNSS to direct the learned Principal District and Sessions Judge cum Special Judge for SC/ST

Act Cases,Tiruvallur District to consider the bail application of these petitioners on the same day,in the event of their surrender in Cr.No.15 of 2026

dt.16.09.2026 pending on the file of the Inspector of Police,All Women Police Station,Gummidipoondi,and pass such further or other orders as this Honble Court.

For Petitioner(s):

Mr. M.Elumalai

For Respondent(s):

Mr.R.Ganesh Kumar, Additional Public Prosecutor For R1 To R3

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District and Sessions Judge cum Special Judge for SC/ST Act Cases,Tiruvallur District to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.15 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

CRL OP No. 31028 of 2026

Page 2 of 3

and laudable object of the legislation against innocent persons, there shall be a direction to the Principal District and Sessions Judge cum Special Judge for SC/ST Act Cases,Tiruvallur District, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.15 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 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. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN

CRL OP No. 31028 of 2026

To. Principal District and Sessions Judge cum Special Judge for SC/ST Act Cases,Tiruvallur District

2. The Superintendent of Police Thiruvallur District.

3. The Deputy Superintendent of Police Gummudipoondi Police Sub Division, Gummudipoondi.

4. The Inspector of Police All Women Police Station, Gummudipoondi,Gummudipoondi Taluk, Tiruvallur District.

5. The Public Prosecutor, High Court, Madras

CRL OP No. 31028 of 2026

G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 31028 of 2026 27-10-2026

Page 3 of 3

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