Madras High CourtCRL OP(MD)/11404/2026allowed

Mahesh @ Magesh v. The State Of Tamilnadu

2026-06-17Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2026 CORAM :

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

1. MAHESH @ MAGESH

2. PONRAJ

3. ILANGO @ ELANGO

4. ASWIN @ ASWIN PRADHAP SINGH ...Petitioners/Accused Nos.1 to 4 Vs

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

2. The Inspector of Police Tiruchendur Police Station Thoothukudi District.

Cr.No.407 of 2026.

3. Vinithu Muthuraj

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the learned special court for trial of cases under SC and ST (POA) Act, Thoothukudi, to consider the bail application of the petitioners / accused 1 to 4 if any filed by them on their surrender on the same day in Cr.No.407 of 2026 on the file of the 2nd respondent police and pass such further or other orders. 1/4

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

ORDER

The present petition has been filed by the first accused in Crime No.407 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 in the petition, there shall be a direction to the Special Court for trial of cases under SC and ST (POA) Act, Thoothukudi, to consider the bail application of the petitioners on the same day of surrender in Crime No.407 of 2026, after giving due opportunity to the defacto complainant.

3. The petitioners shall surrender before the concerned Court on or before 30.06.2026.

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

17.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To:

1. The Special Court for trial of cases under SC and ST (POA) Act, Thoothukudi.

2. The Deputy Superintendent of Police Tiruchendur Sub Division Thoothukudi District.

3. The Inspector of Police Tiruchendur Police Station Thoothukudi District.

Cr.No.407 of 2026.

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

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R.VIJAYAKUMAR , J.

gvn 17.06.2026 4/4