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Madras High CourtCRL OP(MD)/7592/2026ordered

V.Meiyyappan v. The State Of Tamilnadu

2026-04-20Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.7592 of 2026 V.Meiyyappan ... Petitioner versus

1. The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Ponnamaravathi Taluk,

2. The Inspector of Police, Arimalam Police Station,

3. Praveena

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the learned Special Sessions Judge (FAC), Special Court for Trial of SC/ST Act Cases, Pudukkottai District, to accept the surrender of the petitioner and consider his bail application on the same day in connection with the case in Crime No.42 of 2026 pending on the file of the 2nd respondent.

For Petitioner : M/s.R.Paranjothi 1/6

For R1 and R2 : Mr.A.Albert James, Government Advocate (Crl. Side)

ORDER

The petitioner is the sole accused in Crime No.42 of 2026 on the file of the 2nd respondent Police. The said case was registered against him for the offences under Section 296(b) of BNS and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, the petitioner has filed this petition, seeking a direction to the Special Court for Trial of SC/ST Act Cases, Pudukkottai District, to consider his bail application on the same day of surrender.

2. The case of the prosecution is that on 31.03.2026, the petitioner erected the fencing on the defacto complainant' house and when she questioned the same, the petitioner abused her in filthy language by using her caste name. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is having a patta land and when he tried to put up fencing in his land, the defacto complainant threatened him to remove the fencing and on 2/6

02.04.2026, it was found that the fencing was damaged. Therefore, the petitioner lodged a complaint before the respondent. In order to wreck vengeance as a counter blast, the defacto complainant lodged this complaint. The learned counsel further submitted that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioner is inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioner seeks a direction for disposal of the bail application on the same day. He further submitted that this Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed by the accused on the same day of surrender and therefore, by relying upon the similar orders, the petitioner prayed for similar directions.

4. The learned Government Advocate (Crl. Side) submits that no one was injured in the incident and the petitioner is not having any bad antecedent.

5. Considering the nature of offence, this Criminal Original Petition is disposed of with a direction to the petitioner to surrender before the Special 3/6

Court for Trial of SC/ST Act Cases, Pudukkottai District, within a period of two weeks from the date of receipt of a copy of this order and the learned Judge is directed to entertain the bail application if any filed by the petitioner on the same day. In the meantime, the petitioner shall serve a copy of the bail petition well in advance to the defacto complaint along with the proposed date of surrender, enabling the complainant to submit her arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day. 20.04.2026 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Special Court for SC/ST (Prevention of Atrocities Act),

2. The Deputy Superintendent of Police, Ponnamaravathi Taluk, 4/6

3. The Inspector of Police, Arimalam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

B.PUGALENDHI, J.

ogy Crl.OP(MD)No.7592 of 2026 20.04.2026 6/6