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2026 DAILYLAW 27148 (MAD)

Thenmozhi v. State Rep By, Inspector of Police

CRL OP/13742/2026 · 2026-05-27

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.13742 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.05.2026 CORAM: THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Crl.OP.No.13742 of 2026 Thenmozhi ... Petitioner Vs State, rep. By its 1.The Deputy Superintendent of Police, Nagapattinam Sub Division, Nagapattinam District. 2.State Rep. by its, The Inspector of Police, Nagore Police Station, Nagapattinam District. (Crime No.68 of 2026) 3.Manikandan ... Respondents Prayer: This Criminal Revision Case filed under Section 528 of B.N.S.S., to direct the learned Special Court for Trial of cases under SC/ST (POA) Act cases, Nagapattinam District to consider the bail application filed by the petitioner on her surrender in connection with Crime No.68 of 2026 on the file of the second respondent police on the same day. 1/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.13742 of 2026 For Petitioner : Mr.Shreedhar M For Respondents : Mr.R.Rajasekaran, Government Advocate (Crl. Side) ORDER The petitioner is A2 in Crime No.68 of 2026, on the file of the second respondent Police. The said case was registered for the alleged offences punishable under Sections 296(b), 118(1) of BNS and Sections 3(1)(r), 3(1)(s) of SC/ST Act, 1981. Therefore, the petitioner has filed this petition seeking a direction to the Court concerned to dispose of her bail application on the date of her surrender. 2. The case of the prosecution is that due to previous enmity, on 18.03.2026, at about 09.00 hours, when the defacto complainant crossed the petitioner’s house in car, the accused persons restrained the defacto complainant, abused him in filthy language by mentioning his caste name and the petitioner attacked the defacto complainant. Other accused assaulted him by kicking and also threatened him with dire consequences. 3. The learned counsel appearing for the petitioner submits that the petitioner has not created any problem as projected by the respondent police. 2/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.13742 of 2026 She is a law abiding citizen and hailing from respectable family. She is also ready and willing to produce substantial sureties. 4. Mr.R.Rajasekaran, learned Government Advocate (Crl. Side) takes notice for the respondents 1 & 2 and submits that the defacto complainant was assaulted by hands; sustained simple injury. 5. Considering the submissions of the learned Government Advocate that the defacto complainant sustained only simple injuries, this Court is inclined to grant relief to the petitioner. 6. Accordingly, this Criminal Original Petition is allowed. The petitioner is directed to surrender before the learned Special Court for Trial of cases under SC/ST (POA) Act, cases, Nagapattinam District, 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 application, if any filed by the petitioner on the same day. In the meantime, the petitioner shall serve a copy of the bail petition well in advance to the defacto complainant along with the proposed date of her 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 3/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.13742 of 2026 available scientific modes. The bail application shall be disposed on merits on the same day. 27.05.2026 Index :yes/No Internet:yes/No vm/sp Note: 1. Registry is directed to forthwith upload this order on the Official Website of this Court. 2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.13742 of 2026 To 1.The Special Court for Trial of cases under SC/ST (POA) Act cases, Nagapattinam District. 2.The Deputy Superintendent of Police, Nagapattinam Sub Division, Nagapattinam District. 3.The Inspector of Police, Nagore Police Station, Nagapattinam District. 4.The Public Prosecutor, Madras High Court. 5/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.13742 of 2026 MOHAMMED SHAFFIQ ,J. vm/sp Crl.OP.No.13742 of 2026 27.05.2026 6/6 https://www.mhc.tn.gov.in/judis