Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 28812 (MAD)

Surya v. The Deputy Superintendent of Police,

CRL OP/14188/2026 · 2026-06-04

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.14188 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.06.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.14188 of 2026 1.Surya 2.Eswari 3.Rathinam (petitioners 1 to 3 are residing at D.No.1-109, Vanavasi Pirivu Road, Mettur, Periyasoragai, Salem District – 636 502.) 4.Ramya 5.Prabakaran (Petitioners 4 to 5 are residing at 4/89, Kullanoor, Periyasoragai, Salem District.) 6.Nandhini 7.Palanivel (Petitioners 6 to 7 are residing at 2/342, Malaiyan valavu, Chinna Soragai, Mettur, Salem District.) .. Petitioners Vs. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14188 of 2026 1.The Deputy Superintendent of Police, Mettur, Salem District. 2.The Inspector of Police, Nangavalli Police Station, Salem District. (Cr.No.140 of 2026) 3.Priya, W/o. Mohankumar, No.W-26, Mahalingam Salai, Thiruparankundram, Thiruparankundram Taluk, Madurai District. .. Respondents Prayer: Petition filed under Section 528 of BNSS praying to direct the learned District Sessions Judge, (Special Court for SC/ST Cases), Salem, to consider petitioner’s bail application on the same day of surrender in connection with a case in Cr.No.140 of 2026 on the file of respondent. For Petitioners : Mr.P.Dasarathan For RR 1 & 2 : Mr.R.Rajasekaran Counsel for Government of Tamil Nadu (Crl.Side) O R D E R This criminal original petition has been filed for a direction to the learned District Sessions Judge, (Special Court for SC/ST Cases), Salem, to consider petitioners bail application on the same day of surrender in connection with a case in Cr.No.140 of 2026 on the file of the 2nd respondent. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14188 of 2026 2.It is seen that the 1st petitioner is the brother-in-law of the defacto complainant and the petitioners 2 & 3 are the parents, 4th petitioner is the sister and 5th petitioner is the husband of the 4th petitioner of the 1st accused. The 1st accused (A1) is employed in the Fire and Rescue Department. A1 and defacto complainant were in love relationship, later they got married and living together as husband and wife. But the petitioners not accepted the love marriage citing that in their village, if they accept the marriage, their family would be kept away from the village, when defacto complainant along with her parents had questioned petitioners, defacto complainant was abused using caste names. It is further submitted that the marriage of the 1st petitioner is on 07.06.2026. 3.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order, of course after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned District Sessions Judge, (Special Court for SC/ST 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14188 of 2026 Cases), Salem, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A (3) of the SC/ST Act. In view of the same, the Special Court is directed to consider the bail application at the earliest. 4.This Criminal Original Petition is disposed of with the above directions. No costs. 04.06.2026 krk Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No NOTE: Issue order copy on 04.06.2026. To 1.The learned District Sessions Judge, (Special Court for SC/ST Cases), Salem. 2.The Deputy Superintendent of Police, Mettur, Salem District. 3.The Inspector of Police, Nangavalli Police Station, Salem District. 4.The Public Prosecutor, High Court of Madras, Chennai. M.NIRMAL KUMAR, J. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14188 of 2026 krk Crl.O.P.No.14188 of 2026 04.06.2026 5/5 https://www.mhc.tn.gov.in/judis