Iyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.245 of 2026 Iyappan ... Petitioner / Accused No.1 Vs.

1. The State of Tamilnadu, Rep. by the Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.State of Tamilnadu, Rep by. Inspector of Police, Vijayanarayanam, Police Station, Tirunelveli District.

Crime No.275 of 2025.

... Respondents 1 & 2 / Complainants

3. Velladurai ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for trial of cases under SC/ST Act, II Additional District Court, Tirunelveli, to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime. 275 of 2025 on the file of the 1st respondent police.

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For Petitioner : Mr.T.A.Ebenezer For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for trial of cases under SC/ST Act, II Additional District Court, Tirunelveli, to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime. 275 of 2025 on the file of the 1st 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 petitioner along with other accused attacked, abused and threatened the de-facto complainant by saying the name of the caste and caused simple injury on 24.12.2025 at 3.30pm. Based on these allegations, an FIR in Crime No.275 of 2025 on the file of the respondent police for the alleged offences under Sections 126(2), 296(b), 115(2), and 118(1) of 2/5

the BNS, and Sections 3(l)(r), 3(l)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, 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 II Additional District Court, Tirunelveli, to issue prior notice to the de facto 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.275 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 08.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No 3/5

Sml Note: Issue order copy on 08.01.2026.

To 1.The II Additional District Court, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Vijayanarayanam, Police Station, Tirunelveli District.

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

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L.VICTORIA GOWRI, J.

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