Manickam v. State Rep. By The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. MANICKAM S/o. Kutti Gounder,

2. MANICKAM S/o. Kootha Gounder, Both are residing at Ullivattam, Kurishilapet, Vaniyambodi Taluk, Thirupathur District.

Petitioner(s) Vs

1. State Rep. by The Deputy Superintendent of Police, Thirupathur, Thirupathur District.

2.The Inspector of Police, Kurisilapet Police Station, Thirupathur District. Crime No. 163 of 2025 3.ARUMUGAM S/o. Shanmugam, No.275, Vadugamuthampatti Street, Kurisilapattu Post, Thirupathur Taluk and District.

Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS,

2023 to direct the Learned Sessions Division of Thirupathur District, Thirupathur to consider the petitioners' bail application on their surrender in Crime No.163 of 2025 pending investigation on the file of the Inspector of Police, Kurisilapet Police Station, Thirupathur District and thus render Justice. For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Mr.S.Santhosh Govt. Advocate (Crl.Side) For R1 And R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Sessions Division of Thirupathur District, Thirupathur, to accept the surrender of the petitioners in Crime No.163 of 2025, on the file of the second respondent and consequently consider the bail petition on merits on the same day in Crime No.163 of 2025, on the file of the second 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Sessions Division of Thirupathur District, Thirupathur, to consider the petitioners' bail application,

preferably on the same day of their surrender in connection with Crime No.163 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this order.

3. In view of the above, the Criminal Original Petition stands allowed. 03-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

sms To 1.State Rep. by The Deputy Superintendent of Police, Thirupathur, Thirupathur District.

2.The Inspector of Police, Kurisilapet Police Station, Thirupathur District. Crime No. 163 of 2025 3.ARUMUGAM S/o. Shanmugam, No.275, Vadugamuthampatti Street, Kurisilapattu Post, Thirupathur Taluk and District.

4.The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms

03-12-2025