Manimaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Manimaran ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruvannamalai District.

2.The State Rep. by its, The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

(Cr.No.171/2024).

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the District Special Judge for exclusive trial of SC/ST Cases, Thiruvannamalai to consider the petitioner bail application on the same day on his surrender in connection with Crime No.171 of 2024 on the file of the 2nd respondent Vandavasi South Police Station, Thiruvannamalai District on the same day. Page No.1 of 5

For Petitioner :

Ms.R.Rayeesa Fathima For Respondent :

Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction to the learned District Special Judge for exclusive trial of SC/ST Cases, Thiruvannamalai to consider the petitioner's bail application on the same day on his surrender in Crime No.171 of 2024 pending on the file of the 2nd respondent Police.

2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the facts of the case, there shall be a direction to the learned District Special Judge for exclusive trial of SC/ST Cases, Thiruvannamalai to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.171 of 2024 registered for the offence under Sections 126(2), 296(b), 351(2) of BNS and Section 3(1)(r) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Page No.2 of 5

1989 on the file of the 2nd respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedent of the petitioner and pass orders after affording due opportunity to the victim under Section 15-A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.The petitioner shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

4.In view of the above, the Criminal Original Petition stands allowed. No costs.

08.11.2024 Index:Yes/No Speaking Order/Non-Speaking Order vv2 Page No.3 of 5

SUNDER MOHAN, J.

vv2 To 1.The District Special Judge for exclusive trial of SC/ST Cases, Thiruvannamalai.

2.The Deputy Superintendent of Police, Thiruvannamalai District.

3.The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

4.The Public Prosecutor, Madras High Court.

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