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2026 DAILYLAW 85138 (MAD)

Rajapandi v. The State of Tamilnadu Rep. by

CRL OP(MD)/1302/2026 · 2026-01-23

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P(MD)No.1302 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P(MD)No.1302 of 2026 Rajapandi ... Petitioner/Sole Accused Vs. 1.The Deputy Superintendent of Police, Theni, Theni District. 2.The Inspector of Police, Theni Police Station, Theni District. (Crime No.8/2026) ... Respondents/Complainants 3.Ramar ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Special Court for Prevention of SC/ST Act Cases, Theni and consider the petitioner's bail application in concerned to the Crime No.8 of 2026 on the file of the 2nd respondent police. For Petitioner : Mr.A.Gowtham For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.1302 of 2026 ORDER This Criminal Original Petition has been filed to direct the Learned Special Court for Prevention of SC/ST Act Cases, Theni and consider the petitioner's bail application in concerned to the Crime No.8 of 2026 on the file of the 2nd respondent police. 2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with. 3. The case of the prosecution case is that the petitioner and the defacto complainant were in a landlord-tenant relationship under a rental agreement dated 18.02.2025 and the defacto complainant was running a fish shop in the premises. It is alleged that, after coming to know of the caste of the defacto complainant, the petitioner harassed him. On 14.06.2025, the petitioner allegedly removed articles from the shop, assaulted the defacto complainant with hands when questioned, and criminally intimidated him with dire consequences. Based on the complaint lodged by the defacto complainant, FIR has been registered 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.1302 of 2026 for the offences under Sections 303(1), 296(b), 118(1), 351(3) of BNS, 2023 r/w Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC /ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.8 of 2026 on the file of the 2nd respondent. 4. Heard the learned counsel on either side and carefully perused the materials available on record. 5. Considering the limited scope of the relief sought for, this Court hereby direct the Learned Special Court for Prevention of SC/ST Act Cases, Theni, to issue prior notice to the defacto complainant and thereafter to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.8 of 2026 on the file of the 2nd respondent police. 6. Accordingly, this Criminal Original Petition is disposed of. 23.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Note : Issue order copy on 27.01.2026. gbg 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.1302 of 2026 To 1.The Deputy Superintendent of Police, Theni, Theni District. 2.The Inspector of Police, Theni Police Station, Theni District. 3.The Special Court for Prevention of SC/ST Act Cases, Theni. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.1302 of 2026 L.VICTORIA GOWRI, J. gbg Crl.O.P(MD)No.1302 of 2026 23.01.2026 5/5 https://www.mhc.tn.gov.in/judis