R.Ajithkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.3111 of 2026 R.Ajithkumar ... Petitioner Vs.

1.The State of Tamil nadu, The Deputy Superintendent of Police, Periyakulam Sub-Division, Theni District.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam and Taluk, Theni District.

Crime No.106 of 2026 3.Navarasan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Trial of Cases under SC/ST(POA) Act, Theni, to consider the bail application to be filed by the petitioner on teh same day of his surrender in Crime No.106 of 2026 dated 29.01.2026 on the file of hte second respondent police. 1/5

For Petitioner : Mr.Balaji.A For R1 & R2 : Mr.M.Sakthikumar Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the Special Court for Trial of Cases under SC/ST(POA) Act, Theni, to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.106 of 2026 dated 29.01.2026 on the file of the second 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 on 28.01.2026 when the defacto complainant was going along with his wife and child by two wheeler nearby Gandhi Statue, Thenkarai, Market, Periyakulam, Theni District, the petitioner along with unidentified persons attacked the defacto complainant and abused him in filthy language by referring to 2/5

his caste name and also threatened him and his wife. 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, Theni, to issue prior notice to the de facto 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.106 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is allowed. 16.02.2026 NCC : Yes / No Index : Yes / No Rmk NOTE: Issue order copy on 17.02.2026 3/5

To 1.The Special Court for Trial of Cases under SC/ST(POA) Act, Theni. 2.The Deputy Superintendent of Police, Periyakulam Sub-Division, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Periyakulam and Taluk, Theni District.

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

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L.VICTORIA GOWRI, J.

Rmk CRL OP(MD)No.3111 of 2026 16.02.2026 5/5