Sukumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.636 of 2026 1.Sukumar 2.Senthilkumar 3.Soundarya

...Petitioners/A1, A2 & A5

Vs.

1.The State of Tamil Nadu rep., by the Deputy Superintendent of Police, Melur, Madurai District.

2.State rep., by The Inspector of Police, All Women Police Station, Melur, Madurai District.

Crime No.16 of 2025 3.Kalaivani ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court to deal with SC/ST(POA) Act Cases, Madurai, to consider the bail application to be filed by the petitioners 1/5

on the same day of their surrender in Crime No.16 of 2025 dated 27.11.2025 on the file of the second respondent police. For Petitioners : Mr.R.Arockiaselvan For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For Intervenor : Mr.G.Marichamy for Mr.K.Pandiarajan

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court to deal with SC/ST(POA) Act Cases, Madurai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.16 of 2025 dated 27.11.2025 on the file of the second respondent police.

2. When the matter came up for hearing, the learned counsel for the third respondent appeared and categorically contended that during the subsistence of the marriage with the defacto complainant, the first petitioner had eloped with another woman and living with her and she 2/5

is also now pregnant. It is also submitted that the first petitioner and the defacto complainant had two children.

3.The learned counsel for the petitioners submitted that the first petitioner had never married the defacto complainant, but had lived with her. However, he did not deny the fact that two children were born out of the said relationship.

4. In view of the above, this Criminal Original Petition is dismissed directing the petitioners to surrender before the learned trial Court.

12.01.2026 NCC : Yes / No Index : Yes / No Rmk 3/5

To 1.The Special Court to deal with SC/ST(POA) Act Cases, Madurai. 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, All Women Police Station, Melur, Madurai District.

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

4/5

L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.636 of 2026 12.01.2026 5/5