Benedict Charle v. The Assistant Commissioner of Police
Case at a glance
Outcome
Allowed
In view of the above, this criminal original petition stands allowed
Provisions considered
Judgment
Crl.O.P.No.2494 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.02.2026CORAM:THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.No.2494 of 2026 Benedict Charle ...PetitionerVs.
The Assistant Commissioner of Police, Hasthampatty Range, Salem City.
The Sub-Inspector of Police, AWPS Ammapet Police Station, Salem City. Crime No.01 of 20263.Esther Baby ...RespondentsCriminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Special Court for Trial of cases under SC and ST (PoA) Act, Salem, Salem District to consider the bail petition on the same day in Crime No.01 of 2026 on the file of the Sub-Inspector of Police, AWPS Ammapet, Salem City for offence u/s 498 (A) Indian Penal Code, Section 4 of the Prohibition of Harassment of Women Act, 2002 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 for the interest of justice. For Petitioner: Mr.B.VasudevanFor Respondents: Mr.S.Santhosh, GA(Crl. Side), for R1 & R2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2494 of 2026
Operative part
O R D E RThis criminal original petition has been filed seeking a direction to the Special Court for Trial of cases under SC and ST (PoA) Act, Salem, Salem District, to accept the surrender of the petitioner and to consequently, consider his bail petition on the same day, on merits, in connection with Crime No.01 of 2026 on the file of the 2nd respondent. 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 Special Court for Trial of cases under SC and ST (PoA) Act, Salem, Salem District, to consider the petitioner’s bail application, preferably on the same day of his surrender, in connection with Crime No.01 of 2026 on the file of the 2nd 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. https://www.mhc.tn.gov.in/judis Crl.O.P.No.2494 of 2026 3. In view of the above, this criminal original petition stands allowed.04.02.2026sktIndex: Yes/NoSpeaking Order : Yes/NoNCC: Yes/NoTo 1. The Special Judge for Trial of cases under SC and ST (PoA) Act, Salem, Salem District. 2. The Assistant Commissioner of Police, Hasthampatty Range, Salem City.
The Sub-Inspector of Police, AWPS Ammapet Police Station, Salem City.
The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.No.2494 of 2026A.D.JAGADISH CHANDIRA , J. sktCrl.O.P.No.2494 of 202604.02.2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this criminal original petition stands allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Code of Criminal Procedure, 1973 — s. 482; SC and ST (PoA) Act; Indian Penal Code, 1860 — s. 498(A); Prohibition of Harassment of Women Act, 2002 — s. 4; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 18.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.