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CRL OP No. 2389 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP No. 2389 of 2026

Sridhar ..Petitioner

Vs

The State Rep. by

The Inspector of Police,

All Women Police Station,

Nagapattinam.

(Crime No. 18/2025) ..Respondent

Criminal Original Petition is filed under Section 528 of the BNSS, 2023,

to direct the learned Principal District Judge, Nagapattinam to number the bail

petition filed by the petitioner in Crl.M.P. (SR) No.15/2026 in Spl.S.C.No.

03/2025 on its file which was returned on 03.01.2026 and decide on merits

within the time limit stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Vijaya Ragavan

For Respondent : Mr.S.Santhosh,

Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition is filed to direct the learned Principal

District Judge, Nagapattinam, to number the bail petition filed by the petitioner

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CRL OP No. 2389 of 2026

in Crl.M.P. (SR) No.15/2026 in Spl.S.C.No. 03/2025 on its file which was

returned on 03.01.2026 and decide the same on merits within the stipulated

time.

2. Learned counsel appearing for the petitioner submitted that the

petitioner is an accused in Crime No.18 of 2025 for the offences punishable

under Sections 69 of the BNS, read with Sections 3(1)(r), 3(1)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was

arrested and remanded to judicial custody on 11.04.2025. Earlier, he filed a bail

application before the learned District and Sessions Judge, Nagapattinam in

Crl.M.P.No.401 of 2025 and the learned Judge dismissed the same on

21.05.2025 against which, he filed Criminal Appeal No.1218 of 2025 before

this Court and the same was also dismissed on 26.08.2025. Meanwhile, the

respondent police had completed the investigation and filed a final report on

06.06.2025 and the case is now taken up for trial and thereby the petitioner had

filed a fresh application for bail, whereas, the learned Judge had returned the

second bail petition stating that it is not maintainable. The learned counsel for

the petitioner further submitted that the petitioner has been in prison from

11.04.2025. Since there is no bar for consideration of the second bail

application, that too, after completion of the investigation and the case is now

taken up for trial, if the bail application is not numbered and orders are not

passed on merits, the petitioner will be put to a grave hardship.

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CRL OP No. 2389 of 2026

3. The learned counsel for the petitioner relied on the decision of a

Division Bench of the High Court of Madhya Pradesh at Jabalpur in Criminal

Appeal No.9530 of 2024 and batch, dated 17.03.2025 [Dharam Singh

Parihar vs. The State of Madhya Pradesh and Others]. The Division Bench

of the High Court of Madhya Pradesh at Jabalpur, following the order of a

Division Bench of the High Court of Chhattisgarh in Criminal Appeal No.1797

of 2022 (Dushyant Pandey vs. State of Chhattisgarh), has held that a party

cannot be left remediless in the event of any changed circumstances and the

aggrieved party has liberty to prefer a fresh application for bail before the

Special Court and if such application is preferred, the same may be considered

by the Special Court on any change in circumstances being demonstrated. It

was also held that it is needless to mention that the Special Court or Exclusive

Special Court may pass an order on merits without being influenced by the

order of dismissal of the appeal by the High Court or the earlier order of grant

or refusal of bail by the Special Court. On the basis of the aforesaid order in

Dharam Singh Parihar supra, the learned counsel for the petitioner submitted

that a direction may be issued to the learned Special Judge/Principal District

Judge, Nagapattinam, to number the bail application and pass orders on merits.

The relevant porti