Subbaiah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Subbaiah

...Petitioner / Sole Accused

Vs 1.The State of Tamil Nadu, Rep by its the Superintendent of Police, Tirunelveli District, Tirunelveli.

2.State of Tamilnadu, Rep by the Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.268 of 2026).

... Respondents 1 & 2 / Complainant 3.Raja ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the District and Sessions Cum Special Court for SC/ST (POA), Tirunelveli District to accept the surrender of the petitioner along with bail application in Cr.No.268 of 2026 on the file of the 2nd respondent Police herein and to consider and dispose the bail application on the same day on merits. For Petitioner :

Mr.S.Sivasubramanian For R1 and R2 :

Mr.A.Albert James, Government Advocate (Criminal Side) 1/4

ORDER

The present petition has been filed by the accused in Crime No.268 of 2026 on the file of the second respondent police seeking a direction as against the trial Court to consider the bail application of the petitioner on the same day of surrender.

2. Considering the averments made in the petition, there shall be a direction to the petitioner to surrender before the learned District and Sessions Cum Special Judge for SC/ST (POA), Tirunelveli District, on or before 10.06.2026 and the learned Trial Court shall consider the bail application of the petitioner in Crime No.268 of 2026 on the file of the second respondent Police and accept his surrender on the same day, after giving due opportunity to the defacto complainant.

3. With the above said observations, this Criminal Original Petition stands allowed.

20.05.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No Indu 2/4

To 1.The District and Sessions Cum Special Court for SC/ST (POA), Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

3/4

R.VIJAYAKUMAR , J.

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