Manikandan v. The Deputy Superintendent of Police

ORDER This petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Theni to consider the bail application of the Petitioner on the same day of his surrender before that court in connection with Crime No. 141 of 2023 on the file of the Respondent.

2.The petitioner is the accused person in Crime No.141 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323 IPC and 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B. Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and the injured person has been discharged from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1) The petitioner shall appear before the learned Sessions Judge, Special Court for SC/ST (POA) Act, Theni within a period of 15 days from the date of receipt of a copy of this order. 2) On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of her surrender, after hearing the defacto complainant by complying with Section 15A(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

31.03.2023 NCC : Index : Internet : trp To

¶1The Deputy Superintendent of Police, Bodinayakanur, Theni District.

¶2The Inspector of Police, Chinnamanur Police Station, Theni District. (In Crime No 141 of 2023)

¶3Mokkavellai S/o. Kalaivadan Ward No:1, Pattalamman Kovil Street, Ayyampatti, Uthamapalaiyam, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN,J trp Dated : 31.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN Manikandan ...Petitioner Vs. State represented by its 1. The Deputy Superintendent of Police, Bodinayakanur, Theni District. 2. The Inspector of Police, Chinnamanur Police Station, Theni District. (In Crime No 141 of 2023) 3. Mokkavellai S/o. Kalaivadan Ward No:1, Pattalamman Kovil Street, Ayyampatti, Uthamapalaiyam, Theni District. ...Respondent PRAYER: This Criminal Petition is filed U/s.482 Cr.P.C to direct the Learned Sessions Judge, Special Court for Sc/St (POA) Act, Theni to consider the bail application of the Petitioner on the same day of his surrender before that court in connection with Crime No. 141 of 2023 on the file of the Respondent. For Petitioner : Mr.N. Anandakumar For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor