Madras High CourtCRL OP(MD)/1843/2026allowed

Tharun @ Dharun v. The State Of Tamilnadu

2026-02-02Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Tharun @ Dharun ... Petitioner/A1 Vs.

1.The State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, Thiruvaiyaru Sub-Division, Thanjavur District.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.10/2026) ... Respondents/Complainants 3.Jagadeeshwaran ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Sessions Judge, Special court for Trial of cases registered under SC/ST(POA) Act, Thanjavur District to consider the bail application to be filed by the petitioners on the same day of its filing on their surrendering in connection with the case in Crime No.10 of 2026 on the file of the Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

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For Petitioner : Mr.R.L.Dhilipan Pandian For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special court for Trial of cases registered under SC/ST(POA) Act, Thanjavur District to consider the bail application to be filed by the petitioners on the same day of its filing on their surrendering in connection with the case in Crime No.10 of 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. The petitioner submits that on 11.01.2026 at about 10.00 p.m., while the defacto complainant and the victim were present at the place of occurrence, the accused persons allegedly abused them by uttering caste based derogatory remarks and threatened them with dire 2/5

consequences. Based on the complaint lodged by the defacto complainant, F.I.R in Crime No.10 of 2026 came to be registered by the 2nd respondent police for the offences under Sections 296(b), 115(2), 351(2) of BNS, 2023 & Sections 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 Sessions Judge, Special court for Trial of cases registered under SC/ST(POA) Act, Thanjavur District, 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.10 of 2026 on the file of the 2nd respondent police.

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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, Thiruvaiyaru Sub-Division, Thanjavur District.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3.The Sessions Judge, Special court for Trial of cases registered under SC/ST(POA) Act, Thanjavur District.

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

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L.VICTORIA GOWRI, J.

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