Madras High CourtCRL OP(MD)/23132/2023disposed of

Manikandan v. The Deputy Superintendent Of Police

2023-12-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Manikandan 2.Kanmani 3.Nagalakshmi ... Petitioners Vs.

1.The Deputy Superintendent of Police, Periyakulam Division, Theni District.

2.The Inspector of Police, Jeyamangalam Police Station, Theni District.

(Crime No.297/2023).

3.Dhanalakshmi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned Special Judge for SC/ST (POA) Act cases, Theni District to consider the bail petition filed by the petitioners on the same day of their surrender itself in Crime No. 297/2023 on the file of the second respondent police. 1/4

For Petitioners : Mr.M.Malai Muthan For R1 & R2 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

ORDER

This Criminal Original Petition filed to direct the learned Special Judge for SC/ST (POA) Act cases, Theni District, to consider the bail petition filed by the petitioners on the same day of their surrender itself in Crime No.297/2023 on the file of the second respondent police. 2.The petitioners are the accused persons in Crime No.297 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324, 506(ii) of IPC and Section 4 of the Prohibition of Harassment of Women Act, 2002 read with Sections 3(1)(r), 3(1)(s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.R.M.Anbunithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted the injured in this case has been discharged from the hospital. No previous case is pending against the petitioners. 2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Special Judge for SC/ST (POA) Act cases, Theni District, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN ,J.

pnn To 1.The Special Judge for SC/ST (POA) Act cases, Theni District. 2.The Deputy Superintendent of Police, Periyakulam Division, Theni District.

3.The Inspector of Police, Jeyamangalam Police Station, Theni District. (Crime No.297/2023).

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

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