Madras High CourtCRL OP(MD)/22255/2025disposed of

Kali v. The State Of Tamilnadu, Rep. By The Assistant Commissioner Of Police,

2025-12-04Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22255 of 2025 1.Kali 2.Muthu ... Petitioners / Accused No.3 & 4 Vs.

1.The State of Tamilnadu, Rep. By the Assistant Commissioner of Police, Palayamkottai - Melapalayam Range, Tirunelveli City.

(Crime No.253/2025) 2.State of Tamilnadu, Rep by. The Inspector of Police, Perumalpuram, Perumalpuram, Tirunelveli City.

(Crime No.253/2025) ... Respondent Nos. 1 & 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 learned Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District to consider the bail application of the petitioners on the same day of their surrender in Crime No.253/2025 on the file of the 2nd respondent police. 1/5

For Petitioner : Mr.N.Pragalathan 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 Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District to consider the bail application of the petitioners on the same day of their surrender in Crime No.253/2025 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 a quarrel broke out between the accused and one Ilayaraja over asking for 'Ganesh Tobacco' on 12.11.2025. The 3rd respondent/complainant intervened on 16.11.2025 but was attacked by the accused, including the petitioner, with bricks and hands, resulting in injuries. The accused also used casteist slurs. Based on these allegations, the police 2/5

registered a case under Sections 296(b), 118(1), 351(2) of BNS and Section 3(1)(r), 3(1)(s), 3(2) (va) of the SC/ST Act offences.

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 SC/ST (POA) Act, Tirunelveli, Tirunelveli District, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.253 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 04.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml 3/5

To 1.The Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District.

2.The Assistant Commissioner of Police, Palayamkottai - Melapalayam Range, Tirunelveli City.

3.The Inspector of Police, Perumalpuram, Perumalpuram, Tirunelveli City.

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.22255 of 2025 04.12.2025 5/5