Subbaiya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Subbaiya 2.Sooriya Moorthy 3.Viswalingam 4.Sakthivel 5.Murugesan 6.Nallaiya @ Palanivel 7.Kumaravelu @ Pazhanivel 8.Saravanan ... Petitioners/A1,3-6, 8-10 Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Crime No.18/2026) ... Respondents/Complainants 3.Remmiyann ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Principal District and Sessions Court, Special Court for Exclusive Trial of cases under SC/ST (PoA) cases, Pudukkottai, to 1/5

consider the bail application of the petitioners on the same day of their surrender in Cr.No.18/2026 on the file of the 2nd respondent police. For Petitioner : Mr.V.Vishnu For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Court, Special Court for Exclusive Trial of cases under SC/ST (PoA) cases, Pudukkottai, to consider the bail application of the petitioners on the same day of their surrender in Cr.No.18/2026 on the file of the 2nd respondent police.

2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. It is respectfully submitted that a complaint was lodged by the defacto complainant alleging that on 17.01.2026, one Thirumani informed him that his motorcycle had been damaged by certain persons. Upon receiving this information, Thirumani requested the defacto 2/5

complainant and others to question the said act. Accordingly, the defacto complainant, along with few others, proceeded to the place of occurrence, where a quarrel ensued between the parties, resulting in a scuffle involving push and pull. Based on the said complaint, the 2nd respondent police registered a case in Crime No.18 of 2026 for the offences under Sections 191(2), 296(b), 118(1), 351(3) of BNS, 2023 & 3(1) of PPDL Act, 1992 r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of SCST (POA) Act.

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 Principal District and Sessions Court, Special Court for Exclusive Trial of cases under SC/ST (PoA) cases, Pudukkottai, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the petitioners on the same 3/5

day of their surrender before that Court in connection with Crime No.18 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 03.02.2026.

To 1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

3.The Principal District and Sessions Court, Special Court for Exclusive Trial of cases under SC/ST (PoA) cases, Pudukkottai.

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

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L.VICTORIA GOWRI, J.

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