Darmar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.1129 of 2026 Darmar ... Petitioner / Accused No.1 Vs.

1. State of Tamilnadu Rep. By, The Deputy Superintendent of Police, Uthamapalayam Sub Division, Theni District.

2. The Inspector of Police, Odaipatti Police Station, Theni District (Crime No. 8 of 2026) ... Respondent Nos. 1 and 2 / Complainants

3. Malarvizhi ... 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 cases under SC/ST (PoA) Act-PCR, Theni District to consider of the bail application on the surrender of the petitioner in connection with case in Crime No. 8 of 1/5

2026, pending investigation on the file of the 2nd respondent police on merits on the same day.

For Petitioner : Mr.R.Srinivasan For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for trial cases under SC/ST (PoA) Act-PCR, Theni District to consider of the bail application on the surrender of the petitioner in connection with case in Crime No.8 of 2026, pending investigation on the file of the 2nd respondent police on merits on the same day.

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 deliberately made false, baseless and defamatory statements against the third 2/5

respondent over the phone and also committed caste-based atrocities and the said audio was circulated on social media. Based on these allegations, an FIR has been registered against the petitioners.

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 Judge, Special Court for trial cases under SC/ST (PoA) Act-PCR, Theni District 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.8 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 22.01.2026 NCC : Yes / No Index : Yes / No Sm 3/5

To 1.The Special Court for trial cases under SC/ST (PoA) Act-PCR, Theni District

2. The Deputy Superintendent of Police, Uthamapalayam Sub Division, Theni District.

3. The Inspector of Police, Odaipatti Police Station, Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Sm Crl.O.P.(MD)No.1129 of 2026 22.01.2026 5/5