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2026 Supreme(Online)(Mad) 29498

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
Senthilkumar @ Senthil – Appellant
Versus
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Arcot Taluk, Ranipet District – Respondent
Criminal Original Petition | Crime No.4 of 2026



Advocates:
For the Appellants/Petitioners: Mr.D.Thirumoorthy
For the Respondents: Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

Court directs same-day bail consideration post-surrender in SC/ST (POA) Act case, balancing Section 18 bar with misuse prevention.

Headnote:The petition invokes Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C. to direct acceptance of surrender and bail consideration in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA) Act). Essential facts involve a registered crime where petitioner seeks same-day bail processing post-surrender. Court notes bar under Section 18 SC/ST (POA) Act but recognizes misuse potential against innocents. Issue framed as directing court to consider bail despite statutory bar. Ratio emphasizes balancing Section 18 restrictions with safeguards under Section 15A for victims, mandating hearing opportunity while allowing timely bail assessment to prevent abuse. Criminal Original Petition allowed, directing jurisdictional court to consider bail application preferably same day of surrender and pass orders in accordance with law.

Table of Content
1. petition seeks direction for same-day surrender and bail consideration. (Para 1)
2. directs court to assess bail post-surrender despite section 18 bar. (Para 2)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the Principal Sessions Court, Special Court for SC/ST (PoA) Act, Ranipet District, to accept the surrender of the petitioner and consequently, consider his bail petition on the same day, on merits, in connection with Crime No.4 of 2026 on the file of the second respondent police.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the jurisdictional Court, to consider the petitioner’s bail application preferably on the same day of his surrender, in connection with Crime No.4 of 2026 on the file of the second respondent police and to pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioner shall surrender before the jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

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