Paramasivam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22302 of 2025

1. Paramasivam

2. Veluchamy

3. Pitchaimani

4. Sivaraman

5. Prabhu ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Nilakkottai Division, Dindigul District.

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime no.473 of 2025).

3. Perumal ... Respondent Nos.1 to 3 / Complainants Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Dindigul, to accept the 1/5

surrender of the petitioners in Crime no.473 of 2025 on the file of the 2nd respondent police and to consider the bail application. For Petitioner : Mr. A K Manikkam 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 Trial of cases under SC/ST (POA) Act, Dindigul, to accept the surrender of the petitioners in Crime no.473 of 2025 on the file of the 2nd respondent police and to consider the bail application.

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

3. The learned counsel for the petitioner submitted that the petitioners seek protection from arrest in Cr.No.473 of 2025, alleging a false complaint lodged by the 3rd respondent. The petitioners claim that they are victims of the 3rd respondent's actions, who had given Rs.1,15,000/- (Rupees One Lakh and Fifteen Thousand only) as 2/5

advance for land purchase in 2011 but failed to register the document. A compromise talk failed, and the 3rd respondent allegedly attacked the 2nd petitioner, his wife, and his mother. The petitioners allege the complaint was lodged to harass and grab their land. A counter-case (Cr.No.474 of 2025) was registered against the 3rd respondent and others for attacking the 2nd petitioner. On these grounds, the learned counsel for the petitioners prays to allow this Criminal Original Petition.

4. Heard the learned counsels 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, 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 their surrender before that Court in connection with Crime No.473 of 2025 on the file of the 2nd respondent police.

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6. Accordingly, this Criminal Original Petition is disposed of. 05.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To 1.The Deputy Superintendent of Police, Nilakkottai Division, Dindigul District.

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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L.VICTORIA GOWRI, J.

Sml CRL OP(MD)No.22302 of 2025 05.12.2025 5/5