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Madras High CourtCRL OP(MD)/3649/2026allowed

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

2026-02-19Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.3649 of 2026

1. A.Seenevasagapandiyan

2. M.Muthuramalingam

3. Thuraisi

4. Subha ... Petitioners / Accused No. 1 to 4

5. Jothi ... Petitioner/ Rank not known Vs.

1.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.The State of Tamil Nadu, Sub Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

(In Crime No. 41 of 2026) ... Respondents 1 & 2/Complainants 3.Amirthavel ... 3rd Respondent / De facto complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Court of the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases, Virudhunagar 1/5

District at Srivilliputhur to accept the surrender of the petitioners and consider their bail application on the same day on merits. For Petitioner : Mr.M.Jothibasu For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases, Virudhunagar District, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.41/2026 on the file of the 2nd respondent police.

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

3. The learned counsel for the petitioners submitted that the petitioners along with other accused have attacked the defacto complainant by using hands and also scolded by using filthy language along with his caste name. The defacto complainant has 2/5

sustained simple injuries. Hence, the de facto complainant lodged a complaint before the 2nd respondent police. Based on these allegations, an FIR has been registered against the petitioner. It is the case and case in counter. During the same incident, the petitioners also sustained injuries and FIR has been registered against the de facto complainant.

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 Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases, Virudhunagar District, 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.41 of 2026 on the file of the 2nd respondent police. The petitioner shall surrender before the learned Trial Court within a period of 15 days from the date of receipt of a copy of this order.

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6. Accordingly, this Criminal Original Petition is disposed of. 19.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml Note: Issue order copy on 20.02.2026.

To

1. The Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases, Virudhunagar District.

2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2. The Sub Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

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

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L.VICTORIA GOWRI, J.

Sml CRL OP(MD)No.3649 of 2026 19.02.2026 5/5