Madras High CourtCRL OP(MD)/3229/2025dismissed

Manickkaraj v. The State Of Tamil Nadu,

2025-03-17Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Manickkaraj ... Petitioner/Accused (Rank Not Known) Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

Crime No.2 of 2025 ... Respondent/Complainant For Petitioner :

Mr.A.Saravanan for M/s.KBS Law Office For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.2 of 2025 on the file of the respondentpolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 18.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of pre-arrest bail.

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2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 194 of Bharatiya Nyaya Sanhita (BNS), 2023 altered to Sections 108 of BNS, 2023 read with Sections 3(1)(r) and 3(2)(v) of Schedules Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 in Crime No.2 of 2025 on the file of the respondent-police.

3. Initially, the respondent-Police registered a case against the petitioner / sole accused under Section 194 of BNS. After investigation, the respondent-Police filed alteration report thereby altered the Sections to 108 of BNS, 2023 read with Sections 3(1)(r) and 3(2)(v) of Schedules Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. In view of the alteration report and in view of the specific bar stated under Section 18 of Schedules Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, this petition under Section 482 of BNSS is not maintainable. Hence, this Criminal Original Petition is dismissed. sd/- 17.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.3229 of 2025 Date : 17.03.2025 SL(25.03.2025)/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3