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Madras High CourtCRL OP(MD)/1990/2026allowed

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

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 Vignesh ... Petitioner/A1 Vs.

1.The State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, Valliyoor Range, Tirunelveli District.

2.The State of Tamil Nadu, Rep.by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.36/2026) ... Respondents/Complainants 3.Ajith Kumar ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned II Additional District Judge (PCR Court), Tirunelveli to consider the Bail Petition to be filed by the petitioner / A1 in Crime in FIR No.36 of 2026 pending investigation on the file of the 1st respondent on the same day of their surrender. 1/5

For Petitioner : Mr.P.M.Vishnuvarthanan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned II Additional District Judge (PCR Court), Tirunelveli to consider the Bail Petition to be filed by the petitioner / A1 in Crime in FIR No.36 of 2026 pending investigation on the file of the 1st respondent on the same day of his surrender.

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 incident allegedly arose out of a minor verbal exchange during Pongal festival celebrations on 16.01.2026. It is alleged that later the same night, the defacto complainant was wrongfully restrained and assaulted by the accused persons near the Canal Bank behind the Masana Temple, causing multiple injuries. On the arrival of witnesses, the accused allegedly fled 2/5

the scene after forcibly taking away the defacto complainant's mobile phone and gold chain. The injured was thereafter taken to the Government Hospital, following which the complaint was lodged. Pursuant to the same, F.I.R in Crime No.36 of 2026 was registered for the offences under Sections 189(2), 127(2), 115(2), 118(1), 303(2) of BNS, 2023 and Section 3(2)(va) 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 II Additional District Judge (PCR Court), Tirunelveli 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.36 of 2026 on the file of the 2nd respondent police. 3/5

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, Valliyoor Range, Tirunelveli District.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

3.The II Additional District Judge (PCR Court), Tirunelveli.

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

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L.VICTORIA GOWRI, J.

gbg 02.02.2026 5/5