Citation : 2026 Latest Caselaw 661 Mad
Judgement Date : 23 February, 2026
CRL OP(MD). No.3758 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 23/02/2026
CORAM
THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
CRL OP(MD). No.3758 of 2026
1. Joseph John Samuel,
2. Gabriel Devairakkam ... Petitioners
Vs
1. The State of Tamilnadu,
Rep By,
The Assistant Commissioner of Police,
Tirunelveli City,
Melapalayam Zone,
Tirunelveli District.
2. The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
Cr.No.59 of 2026.
3. Muthukumar ... Respondents
PRAYER :-
To direct the II Additional District Judge cum PCR Court, Tirunelveli
to consider the bail application of the petitioner herein on the same day
of surrender pertaining to the Cr.No.59/2026 on the file of the 2nd
respondent police.
1/5
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CRL OP(MD). No.3758 of 2026
For Petitioner : Mr. P.P.Alwin Balan,
Advocate.
For Respondent : Mr.B.Thanga Aravindh for R1 and R2
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to direct the learned
II Additional District Judge cum PCR Court, Tirunelveli to consider the
bail application of the petitioner herein on the same day of surrender
pertaining to the Cr.No.59/2026 on the file of the 2nd respondent police.
2. Considering the nature of the relief sought for, notice to the
third respondent is dispensed with.
3. Gist of the case: The third respondent has given a complaint as
against the petitioners herein. On 16.02.2026, when the third respondent
went to fetch water from the water tank, the one contract vehicle was
fetching water and informed the defacto complainant to wait for one hour
and when he was waiting, the first accused abused the defacto
complainant in filthy words, specifically targeting his caste and assaulted
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him with a stone in his eye and head. Hence the complaint in Crime No.
59 of 2026 has been registered for the offences under Sections 296(b),
115(2), 118(1), 351(2) of BNS, 2023 and Section 3 of Tamil Nadu Public
Property (Prevention of Damage and Loss), Act, 1992 r/w Section 3(1)
(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
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 directs the learned II Additional District Judge cum PCR Court,
Tirunelveli, 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.59 of
2026 on the file of the second respondent police. The petitioner shall
surrender before the learned Trial Court within a period of 15 days from
the date of receipt of a copy of this order.
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6. Accordingly, this Criminal Original Petition is disposed of.
23.02.2026 NCC : yes / no Index : yes / no Internet : yes / no
Note : Issue order copy on 26.02.2026
pnn
To
1.The II Additional District Judge cum PCR Court, Tirunelveli.
2. The Assistant Commissioner of Police, Tirunelveli City, Melapalayam Zone, Tirunelveli District.
3. The Inspector of Police, Perumalpuram Police Station, Tirunelveli. Cr.No.59 of 2026.
4. The Additional Public Prosecutor, Madurai Bench of madras High Court, Madurai.
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L. VICTORIA GOWRI,J
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ORDER IN
Date : 23/02/2026
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