Crl.O.P.(MD).No.12665 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12665 of 2026 Mariyappan ... Petitioner/Accused No.4 Vs 1. The Assistant Commissioner, Tirunelveli Sub-Division, Tirunelveli. 2. The Inspector of Police, Thatchanallur Police Station, Thirunelveli. (Crime No.244 of 2026) ... Respondents 1 and 2/ Complainants 3. Ashok Kumar ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Additional District Court-II, (Special Court for Trial U/s.SC/ST (POA) Amendment Act Cases) Tirunelveli, to accept the surrender of the petitioner/Accused No.4 and consider his bail application on the same day in Crime No.244 of 2026 dated 05.06.2026 on the file of the second respondent police. For Petitioner : Mr.N.Marimuthu 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12665 of 2026 For R1 & R2 : Mr.B.Arun Counsel for State of TN(Crl.Side) ORDER The present Criminal Original Petition is listed today under the caption “for maintainability” on the ground that the petitioner has not enclosed a copy of the FIR. Today, a copy of the FIR has been produced and therefore, the objection raised by the Registry is not sustainable and it is negatived. 2. The present petition has been filed by the fourth accused in Crime No.244 of 2026, on the file of the second respondent police seeking a direction as against the trial Court to consider the bail application of the petitioner on the same day of surrender. 3. Considering the averments in the petition, there shall be a direction to the learned Judge, Additional District Court-II, (Special Court for Trial U/s.SC/ST (POA) Amendment Act Cases) Tirunelveli, to consider the bail application of the petitioner on the same day of surrender in Crime No.244 of 2026, after giving due opportunity to the defacto complainant. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12665 of 2026 4. The petitioner shall surrender before the concerned Court on or before 09.07.2026. 5. With the above said observations, this Criminal Original Petition stands allowed. 29.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Judge, Additional District Court-II, (Special Court for Trial U/s.SC/ST (POA) Amendment Act Cases) Tirunelveli 2.The Assistant Commissioner, Tirunelveli Sub-Division, Tirunelveli. 3. The Inspector of Police, Thatchanallur Police Station, Thirunelveli. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12665 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.12665 of 2026 29.06.2026 4/4 https://www.mhc.tn.gov.in/judis