Madras High CourtCRL OP(MD)/2186/2025disposed of

Manikandan v. The Deputy Superintendent Of Police

2025-02-04Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Manikandan

2. Prakash @ Soorya Prakash ... Petitioners Vs.

1.The Deputy Superintendent of Police, Sankarankovil Division 2.The Inspector of Police, Sendhamaram Police Station

3. Parameswari ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime no.10 of 2025 on the file of the second respondent.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime no.10 of 2025 on the file of the second respondent.

2. Heard the learned counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials available on record.

3. 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 limited prayer and the facts and circumstances of the case, there shall be a direction to the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.10 of 2025 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under 2/5

Section 15-A of the SC/ST Act. The petitioners 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. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders on merits and in accordance with law.

5. With the above direction, this Criminal Original Petition stands disposed of.

04.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes aav To 1.The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli 2.The Deputy Superintendent of Police, Sankarankovil Division 3/5

3.The Inspector of Police, Sendhamaram Police Station 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL , J., aav 04.02.2025 5/5