D.Joseph v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

1. D.Joseph

2. X.Celestine

...Petitioners

Vs 1.The State of Tamilnadu, Represented by the Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli.

2.State of Tamilnadu, Represented by the Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

Cr.No.278/2026.

... Respondents 1 & 2 / Complainants 3.S.Manoj Kumar ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the learned II Additional District and Session Judge (PCR Court), Tirunelveli District, to consider the Petitioner's bail application on the same day of surrender in Crime No.278 of 2026 dated 23.04.2026 on the file of the 2nd respondent Police.

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For Petitioners :

Mr.Sasiprabha.K For R1 and R2 :

Mr.A.Albert James Government Advocate(crl.side)

ORDER

The present petition has been filed by the accused persons in Crime No.278 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 petitioners on the same day of surrender.

2. Considering the averments made in the petition, there shall be a direction to the petitioners to surrender before the learned II Additional District and Session Judge (PCR Court), Tirunelveli District, on or before 10.06.2026 and the learned Trial Court shall consider the bail application of the petitioners in Crime No.278 of 2026 on the file of the second respondent Police and accept their 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.

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To 1.The learned II Additional District and Session Judge (PCR Court), Tirunelveli District.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli.

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

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

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R.VIJAYAKUMAR , J.

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