Nagalakshmi Vs The State of Tamilnadu, rep by The Deputy Superintendent of Police

Prayer: Petition filed under Section 528 of BNSS, to pass an order permitting the petitioners to surrender before the learned III Additional Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST(POA) Act, 1989, Madurai in Crime No.114/2026 and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

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CRL OP(MD). No.7966 of 2026

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For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.Albert James, Government Advocate (Crl. Side) for R1 & R2

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ORDER

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The petitioners are accused in Crime No.114 of 2026, on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 296(b), 115(2), 351(3) of BNS and Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, 1989. Therefore, the petitioners have filed this petition seeking a direction to the Court concerned to dispose of their bail applications on the date of their surrender.

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2.The case of the prosecution is that on 24.03.2026, at about 12.00

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hours, while paver block stones were being placed in front of the defacto complainant's house, A2 dismantled the same. When the defacto complainant questioned the same, the accused persons abused him with filthy language; assaulted him; and also threatened him with dire consequences. Hence, the case.

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3.The learned counsel appearing for the petitioners submits that the

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petitioners have not created any problem as projected by the respondent police. They are law abiding citizens and hailing from respectable family. They are also ready and willing to produce substantial sureties.

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4.Mr.A.Albert James, learned Government Advocate (Crl. Side) takes notice for the respondents 1 & 2 and submits that the petitioners and the defacto complainant are neighbours; a counter case has also been registered; and the defacto complainant has not sustained any injury.

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5.Considering the submissions of the learned Government Advocate that the petitioners and the defacto complainant are neighbours, a counter case has been registered and that the defacto complainant has not sustained any injury, this Court is inclined to grant relief to the petitioners.

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6.Accordingly, this Criminal Original Petition is allowed. The petitioners are directed to surrender before the learned III Additional Sessions Judge, Special Court for Exclusive Trial of cases under

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SC/ST(POA) Act, 1989, Madurai, within a period of two (2) weeks from the date of receipt of a copy of this order and the learned Judge of the Special Court is directed to entertain the bail applications, if any filed by the petitioners on the same day. In the meantime, the petitioners shall serve copies of the bail petitions well in advance to the defacto complainant along with the proposed date of their surrender, enabling the complainant to submit his arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific modes. The bail applications in any event shall be disposed on merits on the same day.

22.04.2026

mbi

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To