Nishanth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Nishanth ... Petitioner/Accused Rank Not Known Vs.

1.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

... Respondent/I.O 2.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli City.

(Crime No.21/2026) ... Respondent/Complainant 3.Mahadevan ... Respondent/Defacto Complainant/ Victim Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned II Additional Sessions Judge (PCR Act Cases) Tirunelveli to consider the bail application on his surrender on the same day, if any petition filed by the Petitioner in Crime No. 21/2026 on the file of 2nd Respondent.

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For Petitioner : Mr.C.Susikumar 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 Sessions Judge (PCR Act Cases) Tirunelveli to consider the bail application on his surrender on the same day, if any petition filed by the Petitioner in Crime No.21/2026 on the file of 2nd Respondent.

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

3. On 16.01.2021 at about 2:30 p.m., Vickram Pandian informed the defacto complainant over the phone that he, along with Suthakar and Maharavi, had been waylaid near Kulanthaikarai, Thamaraikulam by the first accused, who abused and attacked them with a wooden log. He requested help. The defacto complainant and his friends went to the spot on a motorcycle, where the accused persons, including the 2/5

petitioner, allegedly assaulted them with an iron rod with intent to kill and abused them using their caste name. The complainant and his friends sustained injuries and were admitted to the hospital. Based on these allegations, an FIR was registered in Crime No.21 of 2026 for the offences under Sections 189(2), 126(2), 296(b), 115(2), 118(1), 109, 351(3) of BNS and Section 4 of TNPHW and Sections 3(1)(r), 3(1)(s), 3(2)(Va), 3(2)(v) of SC/ST (POA) Act 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 II Additional Sessions Judge (PCR Act Cases) Tirunelveli, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the petitioner on the same day of their surrender before that Court in connection with Crime No.21 of 2026 on the file of the 2nd respondent police. 3/5

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, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli City.

3.The II Additional Sessions Judge (PCR Act Cases), Tirunelveli.

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

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L.VICTORIA GOWRI, J.

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