Gopalakrishnan v. State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police, Tenkasi Sub Division,

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.22374 of 2025 Gopalakrishnan ... Petitioner / Accused not Known Vs.

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

... Respondent No.1 / Investigating Officer 2.State of Tamilnadu, Rep by. The Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No. 464 of 2025) ... Respondent No.2 / ` Complainant

3. Sudhakar ... Respondent No. 3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge, (PCR Court), Tenkasi District, to dispose the bail application of the petitioner on merits on the same day of his surrender before 1/5

the above concerned Court pending investigation of FIR in crime No. 464 of 2025 on the file of the 2nd respondent police. For Petitioner : Mr. K.Karansingh 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 Principal District and Sessions Judge, (PCR Court), Tenkasi District, to dispose the bail application of the petitioner on merits on the same day of his surrender before the above concerned Court pending investigation of FIR in crime No.464 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 26.11.2025, at 22:30 Hrs, the accused, with prior motive, waylaid the de facto complainant, abused him with filthy language and his caste name, and attacked him, causing injuries. Based on these allegations, the 2/5

2nd respondent police registered the FIR in crime No.464 of 2025 against the petitioner/Accused for the alleged commission of offence under Section 296(b), 115(2), 351(3) of BNS Act 2023 and Section 3(l) (r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

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 directs the learned Principal District and Sessions Judge, (PCR Court), Tenkasi District, 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.464 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 05.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No 3/5

Sml To 1.The Principal District and Sessions Judge, (PCR Court), Tenkasi District.

2.The Deputy Superintendent of Police, Tenkasi Sub Division, Tenkasi District.

3.The Inspector of Police, Courtallam Police Station, Tenkasi 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.22374 of 2025 05.12.2025 5/5