K.Arumugam v. The Of Deputy Supertintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 8374 of 2026
1. K.Arumugam S/o. Karuppasamy, Door No. 17A, Chinnachamiveedhi, Pudhukaadu, Gobichettipalayam, Nanjagoundenpalayam, Erode District 638 476.
2. S.Moorthy S/o. Subramaniyam, Door No. 3/648, Velliyaipalayam Pudur, Kothamangalam,Sathyamangalam, Ikkaraithathapalli, Erode district 638 451.
..Petitioner(s) Vs
1. The Deputy Superintendent of Police Sathyamangalam Range, Erode District.
2. The Inspector of Police Bhavanisagar Police Station, Erode District. (crime.No. 34/2026)
3. Kumar S/o. Kuppusamy, 42, Sullimedu Main Street, Avalpoondurai, Modakkuruchi, Erode District - 638 115.
..Respondent(s) PRAYER: The criminal original petition filed under Section 528/ under Section 482 Cr.P.C. to issue direction to the Principal District and Sessions Judge, Erode (the Special Court for Trial of Cases under SC and ST (POA) Act, Erode, Erode District) to consider
the bail petition on the same day in Crime No.34 of 2026 on the file of the Sub-Inspector of Police, Bhavanisagar Police Station, Erode District. For Petitioner(s):
Mr.B.Vasudevan For Respondent(s):
Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor for R1 & R2
ORDER
This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Judge, Erode (the Special Court for Trial of Cases under SC and ST (POA) Act, Erode, Erode District) to consider the bail petition of the petitioners in crime No.34 of 2026 on the file of the Sub-Inspector of Police, Bhavanisagar Police Station, Erode District on the same day of their surrender. 2.The case of the prosecution is that the defacto complainant is working as a salesman in TASMAC shop No.3699 near Bhavanisagar bus stand for the past two months. The petitioners are also working as Salesmen in the same shop. On 08.03.2026 at about 5.30 p.m the first petitioner gave token for remaining balance amount to the customer in the TASMAC shop after sales of liquor, the customer demanded only cash and refused to receive token. The defacto complainant advised the 1st petitioner to give cash instead of token. Thereafter, the customer went away from the shop. In view of the
same, the 1st petitioner scolded the defacto complainant in filthy words mentioning his caste name, took a quarter bottle and assaulted on the head of the Defacto complainant, the 2nd petitioner came to the shop and throttled the neck of the defacto complainant, scolded in filthy word mentioned his caste name and pushed the defacto complainant out of the shop. The 1st petitioner took the cellphone of the defacto complainant kept on the top of the fridge and broke the cell phone.
3.Heard the learned Additional Public Prosecutor for respondents 1 and 2 and perused the materials available on record.
4.It is seen that the petitioners/ accused and the defacto complainant/victim are working as salesmen in the TASMAC shop. The allegation is that the petitioners, instead of giving cash for the return of empty bottles, had given token, which was objected to by the customers resulting in a commotion. The defacto complainant advised the petitioners to give cash instead of token. Subsequently, there was a wordy quarrel and assaulted the defacto complainant and at that time, they used his caste name. It is also found that a case in counter.
5.In view of the above factual position, there shall be a direction to the Principal District and Sessions Judge, Erode (the Special Court for Trial of Cases under SC and ST (POA) Act, Erode, Erode District) to consider the petitioners' bail application,
preferably on the same day of their surrender, in connection with Crime No.34 of 2026 on the file of the second 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 petitioners shall surrender before the jurisdictional Court concerned within a period of fifteen days from the date of the receipt of a copy of this order.
6. The Criminal Original Petition stands disposed of accordingly. 06.04.2026 Index : yes/no Internet : yes/no sms To 1.The Principal District and Sessions Judge, Erode (the Special Court for Trial of Cases under SC and ST (POA) Act, Erode, Erode District) 2.The Deputy Superintendent of Police Sathyamangalam Range, Erode District.
3.The Inspector of Police Bhavanisagar Police Station, Erode District. (crime.No. 34/2026) 4.The Public Prosecutor, High Court, Madras.
M. NIRMAL KUMAR,J.
sms CRL OP No. 8374 of 2026 05.03.2026