Manoj @ Manojkumar v. The Deputy Superintendent of Police

O RDER

This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the Special Court for the Exclusive Trial for SC/ST

(POA) Act cases, Srivilliputhur, to consider the petitioner's bail application on the date of his surrender in connection with Crime No.98 of 2023 on the file of the second respondent Police.

¶2It is submitted by the learned counsel that the petitioner is the first accused in Crime No.98 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b) & 323 of IPC and Section 3 (1) (r), 3 (1) (s) and 3(1)(Va) of SC/ST (Prevention of Atrocities) Act, 1989 and the petitioner submits that he intends to surrender before the learned Special Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.98 of 2023 on the file of the second respondent.

¶3Learned Government Advocate (Criminal Side) submits that there the injured discharged form the hospital on 11.08.2023. He further submits that there is no previous criminal history.

¶4Considering the circumstances, the petitioner is at liberty to surrender before the Special Court for the Exclusive Trial for SC/ST (POA) Act cases, Srivilliputhur, within a period of 15 days from the date of receipt of a copy of this order. If the petitioner surrenders and files bail application, the learned Special Judge is directed to dispose of the same as per law as expeditiously as possible preferably on the same day by giving notice to the prosecutor and on hearing both sides.

¶5It is needless to state that merely because this direction is given to dispose of the application possibly on the very same day, it does not mean that the bail application shall be allowed. The learned Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

¶6With the above direction, the Criminal Original Petition is disposed of.

Speaking : Yes / No

31.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg To

1.The Special Court for the Exclusive Trial for SC/ST (POA) Act cases, Srivilliputhur

2.The Deputy Superintendent of Police, Virudhunagar District.

3.The Inspector of Police, Alangulam Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DR.D.NAGARJUN. J. tsg Crl.O.P.(MD)No.15321 of 2023

31.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN Manojkumar ...Petitioner Vs. 1.The Deputy Superintendent of Police, Virudhunagar District. 2.The State, Rep by Inspector of Police, Alangulam Police Station, Virudhunagar District. (Crime No.98/2023) 3.Arichandran ...Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for the Exclusive Trial for SC/ST (POA) Act cases, Srivilliputhur, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.98 of 2023 dated 09.08.2023 on the file of the first respondent police. For Petitioner : Mr.A.K.Azagarsami For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)