Madras High Court
CRL OP/32728/2026 of Kavitha Vs The State Rep. by, The Superintendent of Police on 5 November 2026
CRL OP No. 32728 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 32728 of 2026
CNR:{HCMA012693982026}
1. Kavitha
2. Priya D
3. Amulu S
4. Elakya S
5. Balaji T
6. Dhanasekaran A
7. Balachandar Sekar
8. Annamalai A
9. Unnamalai S
10.Shanmugam Venugopal
11.Elumalai
..Petitioners
Vs
1. The State Rep. by,
The Superintendent of Police
Tiruvannamalai.
2. The State rep by its,
Inspector of Police
Tiruvannamalai District.
Crime No.227 of 2026.
3. Govindammal
..Respondents
PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to pass an order or direction directing the Learned Sessions Judge, Special Court for the Exclusive Trial of SC and ST
(Prevention of Atrocities) Act,1989, Tiruvannamalai District to consider the Petitioners bail application on the same day in the event of their surrender in Cr.No.227 of 2026 dated 27.10.2026 on the file of the Respondent Police.
CRL OP No. 32728 of 2026
For Petitioners:
Mr.Archana J R
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 Sessions Judge, Special Court for the Exclusive Trial of SC and ST (Prevention of Atrocities) Act,1989, Tiruvannamalai District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.227 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 Sessions Judge, Special Court for the Exclusive Trial of SC and ST (Prevention of Atrocities) Act,1989, Tiruvannamalai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.227 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.
CRL OP No. 32728 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 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. 05-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP To
1. The Sessions Judge, Special Court for the Exclusive Trial of SC and ST (Prevention of Atrocities) Act,1989, Tiruvannamalai District,
2. The Superintendent of Police Tiruvannamalai.
3. The Inspector of Police Tiruvannamalai District.
4. The Public Prosecutor, High Court, Madras.
CRL OP No. 32728 of 2026
G.K.ILANTHIRAIYAN J. LPP CRL OP No. 32728 of 2026 05-11-2026