Disposed

Kannan v. The Deputy Superintendent of Police

Madras HC2 Jan 2024CRL OP(MD)/22714/2023

Case brief

AI extract

What is this about?

Criminal Original Petition filed under Cr.P.C to direct the Special Court for SC/ST (PoA) Act cases to consider bail application, accept surrender, and restrain police from harassing petitioners involved in a caste-based conflict case.

What did the court decide?

Directed petitioners to surrender before the Special Court and the Respondent Police not to harass them until such surrender.

Kannan Vs The Deputy Superintendent of Police — Caste Atrocities | Madras HC (2024)

¶1

Crl.O.P.(MD) No.22714 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 02.01.2024

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

¶6

CRL.O.P (MD) No.22714 of 2023

¶7

Kannan

¶8

Kumaneswaran

¶9

Manimuthu

¶10

Gowsik

¶11

Karmegakannan@Kuppakalai

¶12

...Petitioners

¶13

¶14

The Deputy Superintendent of Police Manamadurai Sub Division, Sivagangai District.

¶15

2.The Inspector of Police Sipcot Police station, Sivagangai District. (In Crime No.159/2023)

¶16

3.Raja

¶17

...Respondents

¶18

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for SC/ST (PoA) Act cases, Sivagangai, Sivagangai District, to consider the bail application of the petitioners/Accused to be filed in Crime No.159 of 2023 on the file of the respondent Police and to accept their surrender on the same day on merits.

¶19

1/6

¶20

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

¶21

Crl.O.P.(MD) No.22714 of 2023

¶22

For Petitioners : Mr.R.Balamuruganantham For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor ****

¶23

O R D E R

¶24

This Criminal Original Petition had been filed to direct the learned Special Judge for SC/ST (PoA) Act cases, Sivagangai, Sivagangai District, to consider the bail application of the Petitioners/Accused to be filed in Crime No.159 of 2023 on the file of the Respondent Police and to accept their surrender on the same day on merits.

¶25

The learned Counsel for the Petitioners submitted that the Petitioners are arrayed as A1 and A3 to A6. The learned Counsel for the Petitioners would submit that due to love marriage between a girl, who belong to a different community, and the boy belonging to SC community, there had been a clash between two groups, for which a false complaint has been lodged, as though the Petitioners herein had threatened the de-facto complainant.

¶26

2/6

¶27

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

¶28

Crl.O.P.(MD) No.22714 of 2023

¶29

It is the submission of the learned Counsel for the Petitioners that

¶30

only due to inter-caste marriage, the case had been foisted against the Petitioners. It is the submission of the learned Counsel for the Petitioners that the Petitioners apprehend arrest by the Respondent Police. Therefore, they seek protection from arrest by way of direction to the learned Sessions Judge, Special Court under SC/ST (PoA) Act,1989.

¶31

The learned Additional Public Prosecutor objects to the submission

¶32

of the learned Counsel for the Petitioners stating that A1 has three cases, A2 has two cases, A4 has two cases and A6 has seven cases. A2 was arrested and remanded to judicial custody and the victim of the case was admitted in the hospital on 08.12.2023 and discharged on 12.12.2023.

¶33

5.Considering the guidelines under Section 15A of the SC/ST (PoA) Act, 1989, the Petitioners are directed to surrender before the learned Sessions Judge, Special Court to deal with SC/ST (PoA) Act, 1989 at Sivagangai. Till such time, the Respondent Police are directed not to harass the Petitioners. The learned Sessions Judge, Special Court to deal with

¶34

3/6

¶35

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

¶36

Crl.O.P.(MD) No.22714 of 2023

¶37

surrender.

¶38

SC/ST (PoA) Act, Sivagangai shall pass appropriate orders on such surrender.

¶39

Accordingly, this Criminal Original Petition is disposed of.

¶40

02.01.2024

¶41

Internet:Yes/No Index:Yes/No

¶42

Akv/Jbr

¶43

Note: Issue on 04.01.2024

¶44

¶45

The Deputy Superintendent of Police Manamadurai Sub Division, Sivagangai District.

¶46

2.The Inspector of Police Sipcot Police station, Sivagangai District. (In Crime No.159/2023)

¶47

4/6

¶48

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

¶49

Crl.O.P.(MD) No.22714 of 2023

¶50

5/6

¶51

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

¶52

Crl.O.P.(MD) No.22714 of 2023

¶53

SATHI KUMAR SUKUMARA KURUP , J.

¶54

Akv/Jbr

¶55

CRL.O.P (MD) No.22714 of 2023

¶56

02.01.2024

¶57

6/6

¶58

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

Kannan v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Kannan 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

D.Gowri Shankar, M/a 44 Years, Vs the State Rep by Its

G.Jothi @ Sironmani Vs P .Raman

A.Koutilyan Vs a.Bharathi

K.Malliga Vs The Superintendent of Police

Ramu Vs The Sub Inspector of Police

R.Logeswaran Vs The Inspector of police