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Joseph John Samuel vs The State Of Tamilnadu
2026 Latest Caselaw 661 Mad

Citation : 2026 Latest Caselaw 661 Mad
Judgement Date : 23 February, 2026

[Cites 1, Cited by 0]

Madras High Court

Joseph John Samuel vs The State Of Tamilnadu on 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




https://www.mhc.tn.gov.in/judis                ( Uploaded on: 26/02/2026 09:28:10 pm )
                                                                                             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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:10 pm )

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:10 pm )

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:10 pm )

L. VICTORIA GOWRI,J

pnn

ORDER IN

Date : 23/02/2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:10 pm )

 
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