Madras High CourtCRL OP(MD)/22253/2025allowed

P.Ganesh v. The State Of Tamilnadu

2025-12-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Ganesh, S/o.Paramasivan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Tiruchendur, Thoothukudi District.

2.State of Tamil Nadu rep. by The Inspector of Police, Tiruchendur Temple Police Station, Thoothukudi District.

(Crime No.103 of 2022) 3.Manikandan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi, to accept the surrender of the petitioner and recall the warrant and to consider it on the same day for the non-bailable warrant issued on 18.11.2025 against the petitioner in S.C.No.44 of 2024 in Crime No.103 of 2022 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi.

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For Petitioner : Mr.R.J.Karthick, Advocate For R1 & R2 : Mr.M.Sakthi Kumar, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Sessions Judge, Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi, to accept the surrender of the petitioner, recall the warrant, and consider the same on the very day, in respect of the non-bailable warrant issued on 18.11.2025 against the petitioner in S.C.No.44 of 2024 in Crime No.103 of 2022 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi.

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 on 13.08.2022, at about 10.30 p.m., during a temple festival, the petitioner, along with other accused, attacked the 3rd respondent and caused damage to the vehicles as well as serial light sets, etc. Based on these allegations, an FIR has been registered against the petitioner. 2/4

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 Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, 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.103 of 2022 on the file of the 2nd respondent police. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of. 04.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Note : Issue order copy on 05.12.2025.

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L.VICTORIA GOWRI, J.

mkn To 1.The Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi.

2.The Deputy Superintendent of Police, Tiruchendur, Thoothukudi District.

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

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

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