S.P.T.Parthiban v. The Deputy Superintendent Of Police, Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23602 of 2025 S.P.T.Parthiban ... Petitioner / Sole Accused Vs.

1.The Deputy Superintendent of Police, Theni, Theni District.

2.State of Tamilnadu, Rep by the Inspector of Police, Jeyamangalam Police Station, Theni District.

(Crime No. 391 of 2025).

... Respondent Nos. 1 and 2 / Complainants

3. M. Vijaya ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Theni District to consider the surrender and Bail application filed by the petitioner in Crime No. 391 of 2025 pending on the file of the 2nd respondent police and to consider the bail to the petitioner on the same day.

For Petitioner : M/s.Ajmal Associates For R-1 & R-2 : Mr.P.Kottaichamy, Government Advocate (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Theni District to consider the surrender and Bail application filed by the petitioner in Crime No. 391 of 2025 pending on the file of the 2nd respondent police and to consider the bail to the petitioner on the same day.

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 the petitioner removed 12 puliyamaram and 6 ulagamaram trees from the de facto complainant's land in S.No.1772, Erumalainayakkanpatti, Jeyamangalam Bit-2, Theni, using JCB. When she questioned, the petitioner abused her using her caste name and threatened her. Based on these allegations, an FIR has been registered against the petitioner.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

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5. Considering the limited scope of the relief sought for, this Court hereby direct the Special Judge / Special Court for SC/ST (Prevention of Atrocities) Act, Theni 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. 391 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To 1.The Special Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Theni District.

2.The Deputy Superintendent of Police, Theni, Theni District.

3.The Inspector of Police, Jeyamangalam Police Station, Theni 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.23602 of 2025 19.12.2025 4/4