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Madras High CourtCRL OP(MD)/22009/2025disposed of

Subramaniyaraja @ Kanthari @ Subramaniyan v. State Of Tamilnadu Rep By The Deputy Superintendent Of Police,

2025-12-02Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22009 of 2025 Subramaniyaraja @ Kanthari @ Subramaniyan ... Petitioner / Accused Vs.

1.The State of Tamilnadu, Rep.By The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(Cr.No.156 of 2025) ... Respondent Nos. 1 and 2 / Complainant 3.Ramanathan ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court of SC & ST Principal District and Sessions Judge, Srivilliputhur, to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.156 of 2025 on the file of the 2nd respondent police.

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For Petitioner : Mr.K.Anandraj For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court of SC & ST Principal District and Sessions Judge, Srivilliputhur, to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.156 of 2025 on the file of the 2nd respondent police.

2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. The case of the prosecution is that there's an ongoing property dispute involving the petitioner, the de facto complainant, and a third party, namely, Sakthi. The petitioner and his mother claim possession and enjoyment of the disputed property, adjacent to the petitioner's land. On 08.10.2025, an altercation occurred between the petitioner and the de facto complainant, leading to the petitioner allegedly scolding and assaulting the de facto complainant. 2/5

Based on these allegations, an FIR has been registered against the petitioner.

4. Heard the learned counsel on either side and carefully perused the materials available on record.

5. Considering the limited scope of the relief sought for, this Court hereby direct the learned Special Court of SC & ST Principal District and Sessions Judge, Srivilliputhur, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.156 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 02.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml Note: Issue order copy on 03.12.2025.

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To 1.The Special Judge of SC & ST Principal District and Sessions Judge, Srivilliputhur.

2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

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

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L.VICTORIA GOWRI, J.

Sml CRL OP(MD)No.22009 of 2025 02.12.2025 5/5