Adaikkalasesu v. The State Of Tamilnadu, Rep. By The 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.Adaikkalasesu 2.John@Johnbosco ... Petitioners/A11 & A19 Vs.

1.The Deputy Superintendent of Police, Manapparai Sub Divisions, Trichy District.

2.The State of Tamil Nadu, Rep.by the Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.45/2026) ... Respondents/Complainant 3.Shanmugam ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned I Additional District Judge (PCR Court), Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.45/2026 dated 01.02.2026 on the file of the respondent police. For Petitioner : Mr.A.Thiyagarajan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned I Additional District Judge (PCR Court), Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.45/2026 dated 01.02.2026 on the file of the 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, an ex-serviceman, purchased 15 cents of land from Pappuraj and his sons in 2003. A subsequent agreement in 2006 for an additional 3 cents was not completed, and disputes later arose regarding pathway access to the property. It is alleged that the accused abused the complainant by uttering his caste name, obstructed his pathway rights, constructed a compound wall blocking access, and encroached upon common land by erecting stone pillars and barbed wire fencing. Based on the complaint lodged by the 2/5

3rd respondent, an FIR was registered in Crime No.45 of 2026 for the offences under Sections 296(b), 191(2), 126(2), 131 of BNS r/w 3(1) (g), 3(1)(r), 3(1)(s), 3(2)(va) & 3(1)(za)(A) of SC/ST (POA) Act, 1989 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 I Additional District Judge (PCR Court), Trichy, 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.45 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.

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To 1.The Deputy Superintendent of Police, Manapparai Sub Divisions, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

3.The I Additional District Judge (PCR Court), Trichy.

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

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L.VICTORIA GOWRI, J.

gbg 20.02.2026 5/5