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Madras High CourtCRL OP(MD)/2848/2026allowed

Mahendran v. The State Of Tamilnadu

2026-02-11Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.2848 of 2026 1.Mahendran 2.Vinayagamoorthi

...Petitioners / Accused 2&4

Vs.

1.The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Illuppur, Pudukkottai District.

2. The Sub Inspector of Police, Viralimalai Police Station, Pudukkottai District.

... Respondent Nos. 1 and 2 / Crime No.28/2026.

Complainants

3. K.Murugesan ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Additional District Judge (Special Court for SC/ST Act Cases), Pudukkottai to consider the petitioners' bail application on the same day of their surrender which would be filed by the petitioners in connection with the crime No 28 of 2026 on the file of the 2nd respondent police.

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For Petitioners : Mr.K.Vignesh Kumar 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 Additional District Judge (Special Court for SC/ST Act Cases), Pudukkottai to consider the petitioners' bail application on the same day of their surrender which would be filed by the petitioners in connection with the crime No 28 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 petitioners insulted the defacto complainant by mentioning his caste name and criminally intimidated with dire consequences. Based on these allegations, an FIR has been registered against the petitioners.

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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 Additional District Judge (Special Court for SC/ST Act Cases), Pudukkottai to issue prior notice to the de facto 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.28 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 11.02.2026 NCC : Yes / No Index : Yes / No Sm Note: Issue order copy on 13.02.2026.

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L.VICTORIA GOWRI, J.

Sm To 1.The Additional District Judge (Special Court for SC/ST Act Cases), Pudukkottai.

2.The Deputy Superintendent of Police, Illuppur, Pudukkottai District.

3. The Sub Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.2848 of 2026 11.02.2026 4/4