Nagamalai v. The State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Nagamalai ... Petitioner/Accused (Rank not known) Vs.

1.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

2.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No.215/2025) ... Respondents/Complainant 3.Thirumoorthy ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Judicial Magistrate Court, Nilakottai to consider the bail application of the above said petitioner/accused on his surrender in Cr.No. 215 of 2025 on the file of the respondent police on the same day on merits.

For Petitioner : Mr.M.Sankar 1/5

For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the Learned Judicial Magistrate Court, Nilakottai to consider the bail application of the above said petitioner/accused on his surrender in Cr.No. 215 of 2025 on the file of the respondent police on the same day on merits.

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 on 29.09.2025 at about 6:00 p.m., at Chittoor Market, the defacto complainant, along with his father, mother, and relative, while engaged in vending activity, was wrongfully restrained, verbally abused with caste based and obscene language, and assaulted by five known persons. One accused attacked the defacto complainant with a wooden log, causing injuries to the ear, tongue, and back of the head. The accused further assaulted the defacto complainant 2/5

and his father with an aruval, causing bleeding injuries to the fingers of the left hand. The defacto complainant's mother and relative sustained simple injuries. Based on these allegations, an FIR has been registered against the petitioner for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 4 of TNPHW Act, 2002 and Sections 3(1)(s) & 3(1)(w)(ii) of SC/ST (POA) Act, 1989 on the file of the 2nd respondent police station.

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 Judicial Magistrate Court, Nilakottai, 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.215 of 2025 on the file of the 2nd respondent police.

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6. Accordingly, this Criminal Original Petition is disposed of. 20.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 23.01.2026.

To 1.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

2.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

3.The Judicial Magistrate Court, Nilakottai.

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

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L.VICTORIA GOWRI, J.

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