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2026 Supreme(Online)(Mad) 41853

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Dhanabal, J
Rathina Alias Nagarathinam – Appellant
Versus
State – Respondent
Criminal Original Petition



Advocates:
For the Appellants/Petitioners: S.Sujith
For the Respondents: A.Damodaran

The High Court may direct a jurisdictional court to consider a bail application on the same day of surrender, provided the requirements of notice to the victim under S.15-A of the SC/ST (POA) Act are strictly complied with.

Headnote:The petitioner filed a petition under S.528 of the BNSS, 2023, seeking a direction to the jurisdictional Special Court to consider a bail application on the date of surrender regarding Crime No.184 of 2026. The court noted the statutory bar under S.18 of the SC/ST (POA) Act, 1989, and emphasized the necessity of balancing legal protections while preventing misuse of the Act against innocent persons. The court directed the jurisdictional court to consider the bail application on the same day of surrender, provided the victim is given notice as per S.15-A of the same Act. The core issue is whether the court should direct the lower court to consider a bail application on the day of surrender despite statutory bars. The court held that while the Act restricts bail, the court retains the authority to direct the jurisdictional body to process applications promptly. The reasoning emphasizes judicial discretion and the mandatory requirement of victim notice under S.15-A of the Act to protect rights. The petition is disposed of with directions for the petitioner to surrender within fifteen days.

Table of Content
1. prayer for expedited consideration of bail. (Para 1 , 2)
2. direction for same-day bail consideration with victim notice. (Para 3 , 4)

O R D E R

This Criminal Original Petition has been filed seeking to direct the Special Court for Trial of Cases under SC/ST (POA) Act Cases, Tiruppur District, to entertain, consider and dispose of the bail application of the petitioner on the same day of surrender before the said Court in Crime No.184 of 2026 pending on the file of the Inspector of Police, Thirumurugan Poondi Police Station, Tiruppur District.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 and 2.

3. 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 her surrender, in connection with Crime No.184 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.

4. With the above direction, this Criminal Original Petition stands disposed of. 13.05.2026 cda To

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