Madras High Court
CRL OP/30326/2026 of Papaiya @ Jeyasakthivelu Vs The Deputy Superintendent of Police on 26 October 2026
CRL OP No. 30326 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30326 of 2026
CNR: {HCMA012477712026}
Papaiya @ Jeyasakthivelu
..Petitioner
Vs
1. The Deputy Superintendent of Police
Mayiladuthurai Sub Division,
Mayiladuthurai District.
2. Inspector of Police
Kuthalam Police Station,
Mayiladuthurai District.
Crime No. 270 of 2022
3. Bharathi
..Respondents
Prayer: The Criminal Original Petition filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order, directing the Learned Sessions Judge, Special Court for trial of cases under SC and ST (PoA) Act, Mayiladuthurai, Mayiladuthurai District to accept the surrender of the petitioner herein concerned in Spl SC No. 221/2024 on the file of Sessions Judge, Special Court for Trial of cases under SC and ST (POA) Act, Mayiladuthurai, Mayiladuthurai District in Crime No.270 of 2022 on the file of the Inspector of Police, Kuthalam Police Station, Mayiladuthurai District and consider the bail petition on the same day itself.
For Petitioner:
R.Silambarasan
For Respondents 1 & 2 :
Mr.R.Ganesh Kumar,
Additional Public Prosecutor
CRL OP No. 30326 of 2026
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ORDER
This Criminal Original Petition has been filed seeking a direction to the Learned Sessions Judge, Special Court for Trial of cases under SC and ST (POA) Act, Mayiladuthurai, Mayiladuthurai District, to consider the petitioner’s bail petition on the same day of his surrender in connection with Crime No.270 of 2022 , 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 Sessions Judge, Special Court for Trial of cases under SC and ST (POA) Act, Mayiladuthurai, Mayiladuthurai District, to consider the petitioner’s bail application, preferably on the same day of his surrender in connection with Crime No. 270 of 2022 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.
CRL OP No. 30326 of 2026
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.
4. With the above direction, the Criminal Original Petition stands disposed of. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP To
1. The Sessions Judge, Special Court for Trial of cases under SC and ST (POA) Act, Mayiladuthurai, Mayiladuthurai District
2. The Deputy Superintendent of Police Mayiladuthurai Sub Division, Mayiladuthurai District.
3. Inspector of Police Kuthalam Police Station, Mayiladuthurai District.
4. The Public Prosecutor High Court, Madras.
CRL OP No. 30326 of 2026
G.K.ILANTHIRAIYAN, J. LPP CRL OP No. 30326 of 2026 26-10-2026