L.Stephen v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2026 CORAM :

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

1. L.STEPHEN

2. JOTHI @ ANNAJOTHI

3. SUYAMBU

...Petitioners/Accused Nos.1 to 3

Vs

1. The State of Tamilnadu Rep by The Deputy Superintendent of Police Kanyakumari Sub Division Kanyakumari District.

2. The Inspector of Police Anjugramam Police Station Anjugramam Kanyakumari District.

Cr.No.136 of 2026.

3. Seethai ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the petitioner to surrender and consider the bail application on the same day itself by the Special Court for trial of cases under SC and ST, Prevention of Atrocities Act, Nagercoil, Kanyakumari District in Cr.No.136 of 2026 on the files of the 2nd respondent, Anjugramam Police Station, Kanyakumari District and thus render justice. 1/4

For Petitioners : M/s.S.Arul For Respondents : Mr.B.Arun Counsel for State of TN (crl.side) For R1 & R2

ORDER

The present petition has been filed by the Accused Nos.1 to 3 in crime No.136 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. Today, the matter is listed under the caption for maintainability.

3. The Registry has raised an objection regarding the maintainability of the present petition on the ground that the FIR has not been enclosed. Today, a copy of the FIR has been placed before this Court by the learned Government Advocate (Criminal Side) appearing for the Respondent Nos.1 & 2. Therefore, the objection raised by the Registry stands negatived. 2/4

4. Considering the above said facts, there shall be a direction to the learend Judge, Special Court for trial of cases under SC and ST, Prevention of Atrocities Act, Nagercoil, Kanyakumari District, to consider the bail application of the petitioners on the same day of surrender in Crime No.136 of 2026, after giving due opportunity to the defacto complainant.

5. The petitioners shall surrender before the concerned Court on or before 02.07.2026.

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

19.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 3/4

R.VIJAYAKUMAR , J.

gvn To:-

1. The Judge, Special Court for trial of cases under SC and ST, Prevention of Atrocities Act, Nagercoil, Kanyakumari District

2. The Deputy Superintendent of Police Kanyakumari Sub Division Kanyakumari District.

3. The Inspector of Police Anjugramam Police Station Anjugramam Kanyakumari District.

Copy to:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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