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Madras High Court
Unknown vs State Rep. By on 10 March, 2026
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
CRL OP No. 6165 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 6165 of 2026
1. K.Thanthaiguru
S/o.Kuppusamy,
Rice Mill Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
2. E.Sarath Kumar
S/o.Elumalai,
Rice Mill Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
3. A.Tamilselvan
S/o.Annadurai,
115, Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
4. D.Kumar
S/o.Devarayan,
2/510, Murugan Kovil Street,
Earikkarai,
Senneerkuppam,
Poonamallee,
Tiruvallur,
Tamilnadu-600 056.
5. Kumar (Alias) P.Premkumar
S/o.Pandurangan,
No.144.
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
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CRL OP No. 6165 of 2026
6. Selvi (Alias) Tamizhselvi
W/o.Radhakrishnan,
No.155, Road Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
7. E.Rajakumari
W/o.Elumalai,
Rice Mill Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
8. E.Ramesh (Alias) Kanthavel
S/o.Elumalai,
31, Rice Mill Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
9. Ramadass
S/o.Attu (Alias) Krishnan,
Mariamman Kovil Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram District-604 210.
..Petitioner(s)
Vs
1. State rep. by
The Deputy Superintendent of Police,
The Office of Deputy Superintendent of Police,
Gingee, Villupuram District-604 202.
2. State rep.by,
The Inspector of Police,
Valathy Police Station,
Gingee Taluk,
Villupuram District-604 208.
(Crime No.65 of 2026)
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CRL OP No. 6165 of 2026
3. Poongavam
S/o.Kuppan,
No.128, Road Street,
Chinnagaram Village,
Gingee Taluk,
Villupuram district-604 210.
..Respondent(s)
Prayer: Criminal Original Petition filed under Section 528 of BNSS Act, 2023
to direct the learned Special Judge for SC and ST (PoA) Act, District and
Sessions Court, Villupuram to accept the surrender of the petitioners and
consequently consider the bail petition of the petitioners on the samy day in
Cr.No.65/2026 on the file of the Inspector of Police, Valathy Police Station
(R2) and to pass any other suitable order as this Honble Court.
For Petitioner(s): Mr.A.Inbasekaran
For Respondent(s): Mr.Leonard Arul Joseph Selvam
Additional Public Prosecutor for R1 and R2
ORDER
This Criminal Original Petition has been filed seeking a direction to the
learned Special Judge for SC and ST (PoA) Act, District and Sessions Court,
Villupuram, to consider the bail application of the petitioners herein in Crime
No.65 of 2026 on the file of the Inspector of Police, Valathy Police Station,
Gingee Taluk, Villupuram District, on the same of their surrender.
2. The case of the prosecution is that the 1 st petitioner / accused gave a
representation to the District Collector, Villupuram praying that free house site
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patta to be deserving persons may be granted in S.No.37 of the village, but not
in respect of S.No.39/1, which is being used as a temple purpose public land for
several centuries. Since the petitioners have been continuously taking legal
steps to bring back the temple purpose public land for public purposes which
was allotted to the defacto complainant and 6 others persons, he had given a
complaint against the petitioners stating that they had abused and threatened the
defacto complainant by using the communal status.
3. Heard the learned counsel for the petitioners and learned Additional
Public Prosecutor for respondents 1 and 2 and perused the materials on record.
4. Considering the submission made and on perusal of the materials it is
seen that the defacto complainant and seven others who are the victims had
lodged a complaint to the police stating that the petitioners who are from the
same village causing objections to the defacto complainant. Serious allegations
have been made against the petitioners that the defacto complainant who
belongs to Irular Community have been threatened and abused. The defacto
complainant had been allotted the land under the Pradhan Mantri Janjati
Adivasi Nyaya Maha Abhiyan Scheme (PM JANMAN SCHEME), which
cannot be taken lightly.
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5. In view of the above factual position, there shall be a direction to the
learned Special Judge for SC and ST (PoA) Act, District and Sessions Court,
Villupuram, to consider the petitioners' bail application, preferably on the same
day of their surrender, in connection with Crime No.65 of 2026 on the file of
the second respondent Police and to pass appropriate orders in accordance with
law, after affording due opportunity to the victims under Section 15-A of the
SC/ST (PoA) Act, 1989. The petitioners shall surrender before the jurisdictional
Court concerned within a period of fifteen days from the date of the receipt of a
copy of this order.
6. The Criminal Original Petition stands disposed of accordingly.
10-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
mtl
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To
1. State rep. by
The Deputy Superintendent of Police,
The Office of Deputy Superintendent of Police,
Gingee,
Villupuram District-604 202.
2. State rep. by,
The Inspector of Police,
Valathy Police Station,
Gingee Taluk,
Villupuram District-604 208.
3. The Public Prosecutor, High Court Madras.
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M.NIRMAL KUMAR, J.
mtl
10-03-2026
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