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2026 DAILYLAW 45775 (MAD)

T.S Sivakumar @ Prakash v. The Deputy Superintendent of Police

CRL OP/17270/2026 · 2026-07-03

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17270 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 17270 of 2026 T.S Sivakumar @ Prakash ..Petitioner(s) Vs 1. The Deputy Superintendent of Police Perundurai, Erode District. 2. State Rep by the Inspector of Police, Perundurai Police Station, Perundurai, Erode District. Crime No.401 of 2026 ..Respondent(s) Prayer: This petition is filed under Section 528 of BNSS to pass an order, directing the Honorable Principal District and Sessions Court, Erode to consider the bail application on the same day on his surrender and file a bail application in Crime No.401 of 2026 on the file of the Inspector of Police, Perundurai Police Station, Perundurai, Erode District and pass such further or other orders as this Honorable Court. For Petitioner(s): Mr.S.Suresh For Respondent(s): Mr.R.Rajasekaran, G.A.(Crl. Side) https://www.mhc.tn.gov.in/judis CRL OP No. 17270 of 2026 __________ Page2 of 4 ORDER This Criminal Original Petition is filed for a direction to consider the petitioner’s bail application in connection with Crime No. 401 of 2026 on the file of the respondent Police on his surrender and pass orders on merits on the same day. 2. The contention made on behalf of the petitioner is that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has wrongly been invoked and that the petitioner is willing to surrender along with the bail application and that the contentions relating to the merits of the averments made is taken note of. 3. Considering the above and the totality of the circumstances, the following directions are issued: (i) the petitioner shall surrender before the learned Principal District and Sessions Court, Erode and file a bail application with reference to Crime No. 401 of 2026 and the same shall be considered on merits on the same day; (ii) the petitioner will also be entitled to serve a copy of the surrender petition and the bail application in advance so that the respondent Police shall furnish a copy of the same and complete the service on the de facto complainant well in advance; https://www.mhc.tn.gov.in/judis CRL OP No. 17270 of 2026 __________ Page3 of 4 (iii) simultaneously, it will also be open to the petitioner to serve a copy to the de facto complainant. 4. With the above directions, this Criminal Original Petition is disposed of. 03-07-2026 Neutral Citation: No PVS To 1. The Principal District and Sessions Judge, Erode 2. The Deputy Superintendent of Police Perundurai, Erode District. 3. The Inspector of Police Perundurai Police Station, Perundurai, Erode District. Crime No.401 of 2026 4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17270 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. PVS CRL OP No. 17270 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis