Madras High CourtCRL OP(MD)/2919/2026allowed

Muthukumar v. The State Of Tamil Nadu

2026-02-12Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI

1. Muthukumar,

2. Sudar @ Sudarmani,

3. Muthukrishnan, ... Petitioners Vs

1. The State of Tamil Nadu,Rep By, The Deputy Superintendent of Police, Nagercoil, Kanyakumari District..

2. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

3. Navinkumar, S/o.Govintharaj, ... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for trial of cases under SC/ST (POA) Act, Nagercoil, Kanyakumari District to consider the petitioners bail application on they are surrender on the same day in respect of Cr.No.16 of 2026 the file of the 2nd respondent police.

For Petitioner : Mr.T.Antony Arulraj, For R1 and R2 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct learned Special Court for trial of cases under SC/ST (POA) Act, Nagercoil, Kanyakumari District to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.16 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 case of the prosecution is that the the petitioners and the defacto complainant belong to different communities. On 13.01.20226, the defacto complainant and his friend went to meet an Advocate through the petitioners' street. At that time, petitioners along with the other accused persons attacked the defacto complainant and also caused injuries to him. Based on these allegations, an FIR has been registered against the petitioner.

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 Special Court for trial of cases under SC/ST (POA) Act, Nagercoil, Kanyakumari District, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.16 of 2026 on the file of the 2nd respondent police. The petitioners shall surrender before the learned Trial Court within a period of 15 days from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of. 12.02.2026 TTA (Note: Issue order copy on 17.02.2026) TO

1. The Special Court for trial of cases under SC/ST (POA) Act, Nagercoil, Kanyakumari District.

2.The Deputy Superintendent of Police, Nagercoil, Kanyakumari District..

3. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

L. VICTORIA GOWRI,J TTA

ORDER

IN CRL OP(MD) No.2919 of 2026 Date : 12/02/2026