Periyathambi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Periyathambi ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.The State of Tamil Nadu, Rep.by the Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Cr.No.254 of 2025) ... Respondents/Complainants

3. Marudamuthu ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned District I Additional District and Sessions Judge for SC/ST Act Cases, Thanjavur, to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.254 of 2025 dated 23.12.2025 on the file of the 2nd respondent police.

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For Petitioner : Mr.B.Balasubramanian For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned District I Additional District and Sessions Judge for SC/ST Act Cases, Thanjavur, to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.254 of 2025 dated 23.12.2025 on the file of the 2nd respondent police.

2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. The case of the prosecution is that the defacto complainant, who owns and cultivates in the extent of 7 acres of agricultural land adjoining that of the petitioner, had a prior dispute with the petitioner concerning the use of water from a shutter, which led to a quarrel about six months earlier. It is further alleged that, on 16.12.2025, while the 2/5

petitioner was present on his agricultural land, the defacto complainant approached and questioned him regarding the use of water for irrigation, resulting in a quarrel, during which the petitioner allegedly assaulted the defacto complainant and abused him using his caste name. Based on these allegations, an FIR has been registered against the petitioner.

4. Heard the learned counsel on either side and carefully perused the materials available on record.

5. Considering the limited scope of the relief sought for, this Court hereby direct the learned I Additional District and Sessions Judge for SC/ST Act Cases, Thanjavur, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.254 of 2025 on the file of the 2nd respondent police.

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6. Accordingly, this Criminal Original Petition is disposed of. 07.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 08.01.2026.

To 1.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

3.The I Additional District and Sessions Judge for SC/ST Act Cases, Thanjavur.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

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