Malarkodi v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2026

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P. No. 8809 of 2026 Malarkodi ..Petitioner Vs.

1.

The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Mannargudi, Tiruvarur District.

The State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Mannargudi, Tiruvarur District.

(Cr. No. 25 of 2025) 3.

XXXX D/o. XXXX XXXX Thanjavur Taluk, Thanjavur District.

..Respondents Prayer:

Criminal Original Petition filed under Section 528 of BNSS to call for the records pertaining to the order dated 03.02.2026 made in Crl.M.P. 1\5

No. 14 of 2026 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur and to set aside the same and enlarge the petitioner on bail in connection with the Crime No. 25 of 2025 on the file of the respondent Police,.

For Petitioner ::

Ms.B. Shakila for Mr.D. Rajaboopathy For Respondents ::

Mr.Leonard Arul Joseph Selvam Addl.Public Prosecutor for R1 & R2

O R D E R

Learned counsel for the petitioner submitted that without realising the fact that the order under challenge is rejection of bail and the offence alleged involves the offence under SC/ST Act, this criminal original petition has been filed instead of an appeal. Hence, permission is sought by the learned counsel for the petitioner to withdraw the criminal original petition to file an appeal. She has also made an endorsement to that effect in the case bundle.

In view of the permission sought and endorsement made, the criminal original petition is dismissed as withdrawn. Registry is directed to give preference since the petitioner is in jail and due to wrong 2\5

notion, the present criminal original petition has been filed. 3.

The petitioner shall file an appeal and thereafter, the same shall be listed before the appropriate Court. 22.04.2026 Nv (Note to Office: Issue today (27.04.2026)) To 1.

The Sessions Judge, The Fast Track Mahila Court, Tiruvarur.

The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mannargudi, Tiruvarur District.

3.

The State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Mannargudi, Tiruvarur District.

4.

The Public Prosecutor, High Court, Madras.

3\5

M. NIRMAL KUMAR,J.

nv Crl.O.P. No. 8809 of 2026 22.04.2026 4\5

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