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Madras High CourtCRL OP(MD)/23111/2025allowed

Balu v. The State Of Tamil Nadu

2025-12-16Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23111 of 2025 1.Balu 2.S.S.Pandi 3.Manikandaraja ... Petitioners/A1 A3 and A4 Vs.

1.The State of Tamilnadu, Rep.By The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.

2.The Inspector of Police, Chechkanurani Police Station, Madurai District.

(Cr.No.368 of 2025) ... Respondent Nos. 1 and 2 / Complainant 3.Kathirvel ... Respondent No.3 / De facto Complainant 1/5

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions Court (PCR), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.368 of 2025 on the file of the second respondent Police.

For Petitioners : Mr.M.Maharaja For R-1 & R-2 : Mr.B.Thangaaravindh, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions Court (PCR), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.368 of 2025 on the file of the second respondent Police.

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

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3. The case of the prosecution is that due to previous enmity regarding the construction work, while the defacto complainant was going to fetch water from the construction site, the petitioners intercepted the defacto complainant, abused him in filthy language by mentioning his caste name, assaulted him and also pushed him down. Based on these allegations, an FIR has been registered against the petitioner.

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 Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions Court (PCR), Madurai, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioners on the same day of 3/5

their surrender before that Court in connection with Crime No.368 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No vsg To 1.The learned Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions Court (PCR), Madurai.

2. The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.

3.The Inspector of Police, Chechkanurani Police Station, Madurai 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.23111 of 2025 16.12.2025 5/5