Madras High CourtCRL OP(MD)/4344/2026allowed

Sumathi v. The State Of Tamilnadu Rep. By

2026-02-26Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Sumathi 2.Nagaraj 3.Selvan @ Selvakumar 4.Suthakaran ... Petitioners/A1 - A4 Vs.

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

...Respondent/I.O

2.The Inspector of Police, Ayakudi Police Station, Dindigul District.

(Crime No.38/2026) ... Respondents/Complainants 3.Aruchamy ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Additional District and Sessions Judge (Special Court for PCR Cases) Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.38 of 2026 on the file of the 2nd respondent pending investigation. 1/5

For Petitioner : Mr.D.Venkatesh For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Additional District and Sessions Judge (Special Court for PCR Cases) Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.38 of 2026 on the file of the 2nd respondent pending investigation.

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

3. The 3rd respondent and the husband of the 1st accused, Siva @ Sivasubramani, are childhood friends. On 16.02.2026, after purchasing raw materials from Palani for setting up a wood shed at Karmakkanpatti, the 3rd respondent dropped him at about 9.00 PM. At that time, the 1st petitioner allegedly accused the 3rd respondent of withdrawing money from her bank account through her ATM card by 2/5

influencing her husband with alcohol. Thereafter, petitioners 2 to 4 allegedly abused the 3rd respondent in filthy language, referred to him by his caste name, assaulted him with their hands, and threatened him with dire consequences. Based on the complaint lodged by the 3rd respondent, FIR in Crime No.38 of 2026 came to be registered for the offences under Sections 126(2), 296(b), 115(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) 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 Additional District and Sessions Judge (Special Court for PCR Cases) Dindigul, 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.38 of 2026 on the file of the 2nd respondent police.

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6. Accordingly, this Criminal Original Petition is disposed of. 26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 27.02.2026.

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

2.The Inspector of Police, Ayakudi Police Station, Dindigul District.

3.The Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul.

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

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L.VICTORIA GOWRI, J.

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