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Madras High CourtCRL OP(MD)/4039/2026allowed

K.Bharathiraja Manickam v. The State Of Tamilnadu

2026-02-25Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.4039 of 2026 K.Bharathiraja

...Petitioner / Accused No.1

Vs.

1.The Assistant Superintendent of Police, Thiruverumbur Sub Division, Trichy District.

... 1st Respondent/Investigation Officer 2.The State of Tamil Nadu rep by, The Inspector of Police, Navalpattu Police Station, Trichy District.

( In Crime No.53 of 2026) ... 2nd Respondent/Complainant 3.Gayathiri ... 3rd Respondent / Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Sessions Court for Trail of Cases Under SC/ST (POA) Act, Trichy, to consider the bail application of the 1/6

petitioner/accused No.1 in Cr.No.53 of 2026 on the file of the Respondent Police on the same say of surrender on merits. For Petitioner : Mr.S.Mahendra Pathy For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Sessions Court for Trail of Cases Under SC/ST (POA) Act, Trichy to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.53 of 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 the petitioner and the defacto complainant's husband are well known to each other. At the instance of the petitioner, the husband of the defacto complainant 2/6

purchased a car at Anamalais Toyato Model Volvo V 40 TN-09CD-7575. The husband of the defacto complainant is suffering from mental illness and he also taking medicine for that. Well knowing the mental illness of the defacto complainant's husband, he transferred the ownership of the car to his name. When the same was questioned by the defacto complainant, he abused the defacto complainant by calling her caste name and threatened her with dire consequences. Hence, an FIR has been registered against him for the offence under Sections 308(4), 318(4), 336(3), 351(3), 61, 199 & Section 3(1)(r) and 3(1)(s) and 3(2) (Va) and Section 4 of SC/ST (Prevention of Atrocities) Act, 1989.

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 Special Sessions Court for Trail of Cases Under SC/ST (POA) Act, Trichy to issue prior notice to the de facto complainant and thereafter, to consider the bail application of the 3/6

petitioner on the same day of his surrender before that Court in connection with Crime No.53 of 2026 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 25.02.2026 NCC : Yes / No Index : Yes / No dss 4/6

To 1.The Special Sessions Court for Trail of Cases Under SC/ST (POA) Act, Trichy 2.The Assistant Superintendent of Police, Thiruverumbur Sub Division, Trichy District.

3.The State of Tamil Nadu rep by, The Inspector of Police, Navalpattu Police Station, Trichy District.

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

5/6

L.VICTORIA GOWRI, J.

dss Crl.O.P.(MD)No.4039 of 2026 25.02.2026 6/6