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Madras High Court
Marimuthu vs The State Of Tamil Nadu on 20 February, 2026
Crl.O.P(MD)No.3627 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P(MD)No.3627 of 2026
1.Marimuthu
2.Kalidass
3.Vadivel
4.Elladurai @ Ellathurai
5.Thangapandi
6.Arisamy @ Arumugam ... Petitioners/A1-A6
Vs.
1.The State of Tamil Nadu,
Rep.by the Deputy Superintendent of Police,
Palani,
Dindigul District.
2.The State of Tamil Nadu,
Rep.by the Inspector of Police,
Taluk Police Station,
Palani, Dindigul District.
(Crime No.66/2026) ... Respondents/Complainant
3.Sakthivel ... Respondent/Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 528 of BNSS,
2023, to direct the Learned District and Sessions Judge, (PCR), Special
Court for Exclusive Trial of Cases under SC/ST Prevention of
1/6
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Crl.O.P(MD)No.3627 of 2026
Atrocities Act, 1989, Dindigul to dispose the bail application of the
petitioner on merits on the same day of their surrender in crime No.
66/2026 on the file of the 1st respondent police.
For Petitioner : Mr.N.Mohan
For R1 & R2 : Mr.B.Thanga Aravindh
Government Advocate (Crl. side)
ORDER
This Criminal Original Petition has been filed to direct the
learned District and Sessions Judge, (PCR), Special Court for Exclusive
Trial of Cases under SC/ST Prevention of Atrocities Act, 1989,
Dindigul to dispose the bail application of the petitioner on merits on
the same day of their surrender in Crime No.66 of 2026 on the file of
the 1st respondent police.
2. Since no adverse order is passed against the 3rd respondent,
notice to the 3rd respondent is dispensed with.
3. The defacto complainant entered into an agreement with A1 for
the purchase of land for a total consideration of Rs.30 lakhs, out of
which Rs.5 lakhs was paid as advance. Subsequently, A1 intended to
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return the advance amount and requested the 3rd respondent to cancel
the agreement. The defacto complainant refused to do so, which led to a
wordy altercation and a physical fight between the parties. It is further
alleged that the petitioners abused the 3rd respondent by referring to his
caste. Based on the complaint lodged by the 3rd respondent, an FIR was
registered in Crime No.66 of 2026 for the offences under Sections
191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and
Section 4 of TNPHW, 2002 and Section 3(1)(s) of SC/ST (POA) Act,
2015 on the file of the 2nd respondent police.
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 District and Sessions Judge, (PCR),
Special Court for Exclusive Trial of Cases under SC/ST Prevention of
Atrocities Act, 1989, Dindigul, to issue prior notice to the defacto
complainant and thereafter to consider the bail application of the
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petitioners on the same day of their surrender before that Court in
connection with Crime No.66 of 2026 on the file of the 2nd respondent
police.
6. Accordingly, this Criminal Original Petition is disposed of.
20.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
gbg
Note : Issue order copy on 23.02.2026.
To
1.The Deputy Superintendent of Police,
Palani,
Dindigul District.
2.The Inspector of Police,
Taluk Police Station,
Palani, Dindigul District.
3.The District and Sessions Judge, (PCR),
Special Court for Exclusive Trial of Cases under
SC/ST Prevention of Atrocities Act, 1989, Dindigul.
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4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
gbg
20.02.2026
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