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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Marimuthu 2.Kalidass 3.Vadivel 4.Elladurai @ Ellathurai 5.Thangapandi 6.Arisamy @ Arumugam ... Petitioners/A1-A6 Vs.

1.The State of Tamil Nadu, Rep.by the Deputy Superintendent of Police, Palani, Dindigul District.

2.The State of Tamil Nadu, Rep.by the Inspector of Police, Taluk Police Station, Palani, Dindigul District.

(Crime No.66/2026) ... Respondents/Complainant 3.Sakthivel ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned District and Sessions Judge, (PCR), Special Court for Exclusive Trial of Cases under SC/ST Prevention of 1/6

Atrocities Act, 1989, Dindigul to dispose the bail application of the petitioner on merits on the same day of their surrender in crime No. 66/2026 on the file of the 1st respondent police. For Petitioner : Mr.N.Mohan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned District and Sessions Judge, (PCR), Special Court for Exclusive Trial of Cases under SC/ST Prevention of Atrocities Act, 1989, Dindigul to dispose the bail application of the petitioner on merits on the same day of their surrender in Crime No.66 of 2026 on the file of the 1st respondent police.

2. Since no adverse order is passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

3. The defacto complainant entered into an agreement with A1 for the purchase of land for a total consideration of Rs.30 lakhs, out of which Rs.5 lakhs was paid as advance. Subsequently, A1 intended to 2/6

return the advance amount and requested the 3rd respondent to cancel the agreement. The defacto complainant refused to do so, which led to a wordy altercation and a physical fight between the parties. It is further alleged that the petitioners abused the 3rd respondent by referring to his caste. Based on the complaint lodged by the 3rd respondent, an FIR was registered in Crime No.66 of 2026 for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 4 of TNPHW, 2002 and Section 3(1)(s) of SC/ST (POA) Act, 2015 on the file of the 2nd respondent police.

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 District and Sessions Judge, (PCR), Special Court for Exclusive Trial of Cases under SC/ST Prevention of Atrocities Act, 1989, Dindigul, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the 3/6

petitioners on the same day of their surrender before that Court in connection with Crime No.66 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 20.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 23.02.2026.

To 1.The Deputy Superintendent of Police, Palani, Dindigul District.

2.The Inspector of Police, Taluk Police Station, Palani, Dindigul District.

3.The District and Sessions Judge, (PCR), Special Court for Exclusive Trial of Cases under SC/ST Prevention of Atrocities Act, 1989, Dindigul. 4/6

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

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L.VICTORIA GOWRI, J.

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