Allowed

N.Manoharan v. the Deputy Superintendent of Police

Madras HC1 Feb 2023CRL OP/2039/2023

Case brief

AI extract

What is this about?

Special Leave Petition filed in Madras High Court seeking direction to consider bail applications on day of surrender. Court directed lower court to consider bail promptly under Section 18 SC/ST Act while reserving final decision after examining gravity and victim opportunity.

What did the court decide?

Direction to consider bail applications on day of surrender within 15 days, after affording opportunity to victims; lower court to decide based on gravity and antecedents.

N.Manoharan Vs the Deputy Superintendent of Police — Caste Atrocities | Madras HC (2023)

¶1

Crl.O.P.No.2039 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 01.02.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

¶6

Crl.O.P.No.2039 of 2023

¶7

1.N.Manoharan

¶8

2.Selvam

¶9

3.Sekar

¶10

4.Kalaiarasi

¶11

... Petitioners

¶12

/vs/

¶13

1.The Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

¶14

2.The Inspector of Police, Magaral Police Station, Magaral, Kanchipuram District.

¶15

3.Neelambari

¶16

... Respondents

¶17

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal Sessions Judge (Special Judge for SC/ST Act) at Chengalpet, Chengalpet District to consider the petitioners bail application on the same day on their surrender in Crime No.8 of 2023 pending on the file of the Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

¶18

Page 1 of 4

¶19

https://www.mhc.tn.gov.in/judis

¶20

Crl.O.P.No.2039 of 2023

¶21

For Petitioners ... Mr.K.G.Senthilkumar For R 1&2 ... Mr.S.Santhosh Government Advocate (crl.side)

¶22

ORDER

¶23

This Criminal Original Petition has been filed seeking for a direction

¶24

to the learned Principal Sessions Judge (Special Judge for SC/ST Act) at Chengalpet, Chengalpet District to consider the petitioners bail application on the same day on their surrender in Crime No.8 of 2023 pending on the file of the Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

¶25

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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge cum Special Judge for SC/ST cases, Chengalpet, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.8 of 2023 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims

¶26

Page 2 of 4

¶27

https://www.mhc.tn.gov.in/judis

¶28

Crl.O.P.No.2039 of 2023

¶29

under Section 15-A of the SC/ST (POA) Act, 1989. 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.

¶30

It is needless to say that the Court below while disposing the bail

¶31

petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favourably.

¶32

In view of the above, the Criminal Original Petition stands allowed.

¶33

01.02.2023

¶34

Index: Yes/No Internet: Yes/No Speaking/Non speaking order

¶35

¶36

Page 3 of 4

¶37

https://www.mhc.tn.gov.in/judis

¶38

Crl.O.P.No.2039 of 2023

¶39

G.CHANDRASEKHARAN, J.

¶40

¶41

¶42

The Principal Sessions Judge (Special Judge for SC/ST Act) at Chengalpet, Chengalpet District

¶43

2.The Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

¶44

3.The Inspector of Police, Magaral Police Station, Magaral, Kanchipuram District.

¶45

4.The Public Prosecutor, High Court, Madras.

¶46

Crl.O.P.No.2039 of 2023

¶47

01.02.2023

¶48

Page 4 of 4

¶49

https://www.mhc.tn.gov.in/judis

N.Manoharan v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

N.Manoharan v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ezhil @ Ezhilarasan Vs State Rep by

Ezhil @ Ezhilarasan Vs State Rep by

N.Gopalsamy Vs the Deputy Superintendent of Police

S.Elred Kumar Vs M/S. City Union Bank Ltd.

V.Narasimhan Vs State of Tamilnadu

S.Dhanasekaran Vs The Superintendent of Police