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Madras High CourtCRL OP(MD)/3837/2024disposed of

Mani @ Manikandan v. The Assistant Commissioner Of Police

2024-03-11Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3837 of 2024 Mani @ Manikandan, ... Petitioner Vs

1. The Assistant Commissioner Of Police, South Gate Range, Madurai City.

2. The Inspector of Police, Keeraithurai Police Station, Madurai City.

Crime No. 3 of 2024.

3. Ganesah Manickam, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District and Sessions court (PCR), Madurai to consider his bail application on the same day of his surrender in respect of Crime No 3 of 2024, on the file of the 2nd respondent pending investigation.

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For Petitioner : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner is arraigned as A2 in Crime No.3 of 2024 pending on the file of the Inspector of Police, Keeraithurai Police Station, Madurai City and the Petitioner had filed this Criminal Original Petition seeking direction against the III Additional District and Sessions court (PCR), Madurai, to accept the surrender of the Petitioner and consider his bail application in Crime No.3 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the third Respondent while proceeding in an auto, suffered injuries by throwing up fire crackers, which landed on him. Therefore, there was clash between them. The Petitioner and another accused are alleged to have scolded and extended threat by calling caste name, which attract the provisions of SC/ST (Prevention of 2/5

Atrocities) Act. Hence, the case was registered in Crime No.3 of 2024 under the provisions of SC/ST (Prevention of Atrocities) Act, based on the complaint of the third Respondent with the second Respondent. There are two previous cases pending against the Petitioner.

3. Considering the submissions made by the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the III Additional District and Sessions court (PCR), Madurai, within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

4. On such surrender by the Petitioner and on filing an application for bail, the III Additional District and Sessions court (PCR), Madurai, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime/De-facto Complainant and after hearing the objections of the victim of the crime, shall pass appropriate orders as per law. 3/5

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

11.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The III Additional District and Sessions court (PCR), Madurai.

2. The Assistant Commissioner Of Police, South Gate Range, Madurai City.

3. The Inspector of Police, Keeraithurai Police Station, Madurai City.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LR CRL.O.P (MD) No.3837 of 2024 11.03.2024 5/5