Madras High CourtCRL OP(MD)/9330/2026disposed of

Prakash v. The State Of Tamilnadu, Rep. By Deputy The Superintendent Of Police, Ponnamaravathi

2026-05-07Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.05.2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Prakash 2.Viknesh ... Petitioners / Accused Nos.1 and 2 Vs 1.The State of Tamil Nadu represented by The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

... Respondent No.1 / Investigating Officer 2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

(Crime No.102 of 2026) ... Respondent No.2 / Complainant 3.Arun ... Respondent No.3/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Special Court for the exclusive Trial of SC and ST (POA) Act Cases, Pudukottai and consider the petitioners' bail application on the same day upon their surrender before the Special Court for the exclusive trial of SC and ST (POA) Act Cases, Pudukkottai.

For Petitioners :

Mr.K.Sivabalan, for M/s.Aran Legal Consultancy For R1 and R2 :

Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) 1/5

O R D E R

The case is posted under the caption "for maintainability."

2. The learned counsel for the petitioners submitted that the prayer in the petition is only for a direction to the trial Court to consider the bail application of the petitioners on the same day of their surrender and that the petitioners are not challenging any order passed by the trial Court. Hence, according to the learned counsel, the petition is maintainable.

3. Considering the above submission, this Court is of the considered opinion that the petition is maintainable.

4. As far as the main prayer is concerned, the present petition has been filed by A1 and A2 in Crime No.102 of 2026 on the file of the second respondent police, seeking a direction to the trial Court to consider the bail application of the petitioners on the very same day of their surrender.

5. The learned counsel for the petitioners submitted that the petitioners are charged with offences under Sections 126(2), 296(b) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2/5

1989 in Crime No.102 of 2026 on the file of the second respondent police.

6. The learned Government Advocate (Criminal Side) submitted that there was a wordy quarrel and a minor scuffle between the accused persons and the defacto complainant and, thereafter, on 27.04.2026 at about 06.00 p.m., the accused persons allegedly assaulted the defacto complainant on his face.

7. This Court heard the learned counsel appearing on either side and perused the materials placed on record.

8. Considering the averments made in the petition, there shall be a direction to the learned Special Court for Exclusive Trial of SC/ST (POA) Act Cases, Pudukkottai, to accept the surrender of the petitioners in Crime No.102 of 2026 on the file of the second respondent police and consider their bail application on the very same day, after affording due opportunity to the defacto complainant.

9. With the above observations and directions, this Criminal Original Petition stands disposed of.

07.05.2026 NCC : Yes/No Index : Yes/No 3/5

Internet: Yes/No pal To 1.The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

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

4/5

S.SRIMATHY , J.

pal 07.05.2026 5/5