Surya Vs The Superintendent of Police — Madras HC (2026) — LawSathi Research

Surya Vs The Superintendent of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The Criminal Original Petition was ordered as prayed: the Special Sessions Court for the Exclusive Trial of SC and ST cases, Tiruvannamalai is to accept the petitioner's surrender and consider his bail application on the same day of surrender in Cr.No.174 of 2026, subject to advance-notice safeguards to the prosecution and the de-facto complainant (directions (i)-(iii)).

Issue for consideration

Whether the petitioner's bail application in Cr.No.174 of 2026 can be considered on the same day of his surrender before the Special Sessions Court for the Exclusive Trial of SC and ST cases, Tiruvannamalai.

Court's answer

Considering the provisions of the (SC/ST) Act, the allegations and the factual background, the Court held that the prayer that the petitioner's bail application be considered on the same day can be considered, with the hearing of the bail application to take place with due notice to the de facto complainant.

Ratio / Principle

Direction (i): the petitioner shall serve advance notice of the surrender petition/bail application on the prosecution as well as the de-facto complainant, intimating the proposed date of surrender.

Key takeaways

Direction (ii): the respondent police shall also independently inform the de-facto complainant about the surrender and the hearing of the bail petition, including the date and the Court.ratio¶25
Direction (iii): the petitioner shall surrender, and the bail application shall be considered on its own merits and in accordance with law on the same day.ratio¶26

Detailed headnote1 paragraphs

High Court of Judicature at Madras (D. Bharatha Chakravarthy, J.), CRL OP No. 19045 of 2026, decided 20-07-2026: Surya, shown as an accused in Cr.No.174 of 2026 of the Arani Taluk Police Station for offences under Sections 296(b), 115(2), 351(2) of BNSS and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, filed a Criminal Original Petition under Section 528 of BNSS seeking a direction that the Special Sessions Court for the Exclusive Trial of SC and ST cases, Tiruvannamalai accept his surrender and consider his bail application the same day. Considering the provisions of the Act, the allegations and the factual background, the Court held the prayer could be considered and ordered: (i) the petitioner shall serve advance notice of the surrender petition/bail application on the prosecution and the de-facto complainant, intimating the proposed date of surrender; (ii) the respondent police shall independently inform the de-facto complainant of the surrender and the hearing, including date and Court; (iii) the petitioner shall surrender and the bail application shall be considered on its own merits and in accordance with law on the same day, the hearing taking place with due notice to the de facto complainant. Petition allowed.

CRL OP No. 19045 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-07-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

CRL OP No. 19045 of 2026

Surya

..Petitioner(s)

Vs

The Superintendent of Police, Arani Subdivision, Tiruvannamalai District.

The State Rep by The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.

3. Munusamy

..Respondent(s)

Prayer: Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Sessions Court for the Exclusive Trial of SC and ST cases, Tiruvannamalai to accept the surrender of the petitioner and consider the petitioner’s bail application on the same day of surrender itself in crime No.174 of 2026 on the file of the 2^nd respondent.

For Petitioner(s): Mr.K.Sanjay Karna For Respondent(s): Mr.R.Rajasekaran Government Advocate (Criminal Side) for R1 and R2

ORDER

The petitioner is an accused in Cr.No.174 of 2026 on the file of the respondent police, for the alleged offences under Sections 296(b), 115(2),

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CRL OP No. 19045 of 2026

351(2) of BNSS and 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989(the Act) .

In view thereof, the petitioner has prayed that his bail application be considered on the same day. Considering the provisions of the Act, the allegations and factual background, I am of the view that the prayer can be considered. However, the hearing of the bail application shall take place with due notice to the de facto complainant.

This Criminal Original Petition is accordingly ordered as follows:

(i) The petitioner shall serve advance notice of the surrender petition/bail application on the prosecution as well as the de-facto complainant, intimating the proposed date of surrender;

(ii) The respondent police shall also independently inform the de-facto complainant about the surrender and the hearing of the bail petition, including the date and the Court;

(iii) The petitioner shall surrender, and the bail application shall be considered on its own merits and in accordance with law on the same day.

20-07-2026

Neutral Citation: Yes/No jas

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CRL OP No. 19045 of 2026

To

1.The Special Sessions Court for the Exclusive Trial of SC and ST Cases, Tiruvannamalai.

2.The Superintendent of Police Arani Subdivision, Tiruvannamalai District.

3.The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.

4.The Public Prosecutor, Madras High Court.

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CRL OP No. 19045 of 2026

D.BHARATHA CHAKRAVARTHY, J.

jas

CRL OP No. 19045 of 2026

20-07-2026

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