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2025 DAILYLAW 128036 (MAD)

N.P.Palanisamy v. The State of Tamilnadu

CRL OP(MD)/5136/2025 · 2025-03-20

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.5136 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.03.2025 CORAM : THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD)No.5136 of 2025 N.P.Palanisamy ... Petitioner Vs. The State of Tamil Nadu, Represented by the Sub Inspector of Police, Thuvarankurichi Police Station, Trichy District. In Crime No.35 of 2025 ... Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the Judicial Magistrate Court, Manapparai, Trichy District, to accept the surrender of the petitioner in the case in Crime No.35 of 2025 and consider the bail after verification of sureties. For Petitioner : Mr. M.Jothi Basu For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side) ORDER This Criminal Original Petition has been filed to direct the Judicial Magistrate Court, Manapparai, Trichy District, to accept the surrender of the petitioner in the case in Crime No.35 of 2025 and consider the bail petition. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5136 of 2025 2. According to the petitioner, a case in Crime No.35 of 2025 has been registered against him for the offences under Sections 296(b) and 115(2) of BNSS, 2023. Thereafter, he surrendered before the Trial Court on 12.03.2025 along with surrender petition and bail application, but the same has not been considered by the Trial Court. 3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent would submit that the petitioner has not filed vakalat and thereby, the learned Magistrate has returned the surrender application and bail application. Therefore, the petitioner ought to have represent the same before the jurisdictional Magistrate Court. 4. This Court heard both sides and perused the records. 5. In this case, according to the petitioner, a case in Crime No.35 of 2025 has been registered against him for the offences under Sections 296(b) and 115(2) of BNSS, 2023 and he approached the Trial Court for bail along with the surrender application and the same was returned. This Court also perused the records and on perusal of records, it is seen that the vakalat has not been submitted along with the bail application, therefore it was returned. But, the petitioner without representing the same with vakalat, has 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5136 of 2025 approached this Court. Therefore, this Court need not interfere with the order passed by the Trial Court. However, the petitioner is at liberty to approach the Trial Court by filing appropriate petition for grant of bail in accordance with law. In view of the same, this criminal original petition is disposed of. 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac P. DHANABAL , J. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5136 of 2025 mac To 1. The Sub Inspector of Police, Thuvarankurichi Police Station, Trichy District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.5136 of 2025 20.03.2025 4/4 https://www.mhc.tn.gov.in/judis