V.Kandak Alias Alagu Vellai v. State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police, Dindigul Rural

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22165 of 2025 1.V.Kandak @ Alagu Vellai 2.N.Chinnakalai 3.Kannan @ Mayalagu 4.C.Veerasamy 5.C.Suresh 6.A.Mahendran 7.A.Theivendran 8.P.Aravinth 9.N.Alaguraj 10.N.Vellaisamy 11.M.Dinesh ... Petitioners / A1 to A11 Vs.

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1.The State of Tamilnadu, Rep.By The Deputy Superintendent of Police, Dindigul Rural Sub Division, Dindigul District.

2.The State rep. By, the Inspector of Police, Natham Police Station, Dindigul District.

(Cr.No.400 of 2025) ... Respondent Nos. 1 and 2 / Complainant 3.Selvakumar ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the District Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to accept the surrender of the petitioners/A1 to A11 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.400 of 2025 dated 29.08.2025 on the file of the secodn respondent Police.

For Petitioners : Mr.V.Arivukkarasan For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) 2/6

ORDER

This Criminal Original Petition has been filed to direct the District Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.400 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 on 27.08.2025, the members of Valiyar Community conducted Vettaran Temple Festival. At that time, they installed loudspeakers and plays songs with high volume in the center place of village. Thereafter, on 28.08.2025, at about 10.00 p.m., the defacto complainant requested them to reduce the sound at that time, the petitioners scolded the defacto complainant with unparliamentary words by using his caste name. Thereafter, there was a 3/6

compromise arrived at between the parties. However, the petitioners trespassed into the Adidravidar colony street, damaged the Dr.Ambedkar Arch and entered into their houses abusing them by derogatory words and caste insulting manner. Based on these allegations, an FIR has been registered against the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondents Police on instructions, submitted that no one sustained any injury.

5.This Court carefully perused the materials available on record. 6.Considering the limited scope of the relief sought for, this Court hereby direct the District Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioners on the same day of 4/6

their surrender before that Court in connection with Crime No.400 of 2025 on the file of the 2nd respondent police.

7. Accordingly, this Criminal Original Petition is disposed of. 03.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No vsg To 1.The District Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul. 2.The Deputy Superintendent of Police, Dindigul Rural Sub Division, Dindigul District.

3.The Inspector of Police, Natham Police Station, Dindigul District.

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

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L.VICTORIA GOWRI, J.

vsg CRL OP(MD)No.22165 of 2025 03.12.2025 6/6