Madras High CourtCRL OP(MD)/242/2026allowed

Chandramouly @ Chandramurali v. The Deputy Superintendent Of Police

2026-01-08Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.242 of 2026

1. Chandramouly @ Chandramurali,

2. Prabash

3. Harikumar

4. Prathapan

5. Raguvaran Thambi ... Petitioner /Accused No.1 to 5 Vs.

1.State Rep. by, the Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.

2. The Inspector of Police, Thuckalay Police Station, Kanniyakumari District.

(Crime No.731/2025) ... Respondents / Complainant

3. Rajagopal ... 3rd Respondent / Defacto Complainant / Victim Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for exclusive trail of 1/5

cases under SC/ST (POA) act, Nagercoil, Kanniyakumari, to consider the bail application on his surrender on the same day, if any petition filed by the Petitioners in Crime No.731/2025 on the file of the 2nd respondent.

For Petitioners : Mr.C.Susi Kumar 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 exclusive trail of cases under SC/ST (POA) act, Nagercoil, Kanniyakumari, to consider the bail application on his surrender on the same day, if any petition filed by the Petitioners in Crime No.731/2025 on the file of the 2nd respondent.

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, a daily wage worker, claims the disputed property and Bhuvaneswari Shri Kandhan Sastha Temple belong to his community, with a 500year history. The accused allegedly threatened him and his 2/5

community, damaged the temple idol using JCB, abused him with derogatory language, and issued life threats on 19.03.2025. The petitioners are charged under BNS and SC/ST (Prevention of Atrocities) Act sections.

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 directs the learned Special Court for exclusive trail of cases under SC/ST (POA) act, Nagercoil, Kanniyakumari, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime.No. 731 of 2025 on the file of the 2nd respondent police. The petitioner shall surrender before the learned Trial Court within a period of 15 days from the date of receipt of a copy of this order. 3/5

6. Accordingly, this Criminal Original Petition is allowed. 08.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To 1.The Judge, Special Court for exclusive trail of cases under SC/ST (POA) act, Nagercoil, Kanniyakumari..

2. The Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.

3. The Inspector of Police, Thuckalay Police Station, Kanniyakumari District.

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

4/5

L.VICTORIA GOWRI, J.

Sml CRL OP(MD)No.242 of 2026 08.01.2026 5/5