Allowed

Ezhumalai, v. State Rep. by

Madras HC23 Feb 2015CRL OP/4245/2015

Case brief

AI extract

What is this about?

The petitioner, barred from seeking anticipatory bail under the SC/ST Act, sought direction to move a post-arrest bail application that be heard on the same day of surrender. The Court directed surrender within ten days and mandated the trial court to consider the bail application on the day of surrender.

What did the court decide?

Directed the petitioners to surrender within ten days, and the Court concerned shall consider and decide the bail application on the same day of surrender.

Ezhumalai, Vs State Rep. by — Caste Atrocities | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.02.2015

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CORAM:

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THE HON'BLE MR.JUSTICE R.S.RAMANATHAN

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Crl.O.P.No.4245 of 2015

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1.Ezhumalai
2.Rajavel ... Petitioners/Accused 9,10
Vs.
State rep. by
Station House Officer,
Orathur Police Station,
Cuddalore District. ... Respondent/Complainant
(Crime No.162/13)
Prayer : Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure praying to direct the District and
Sessions Judge, Cuddalore to consider the bail application to be
filed on the same day in Crime No.162 of 2013 on the file of
respondent Police.
For Petitioners : Mr.C.Ram kumar
For Respondent : Mr.M.Maharaja
Additional Public Prosecutor
ORDER

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This petition is filed for direction to the District and Sessions Judge, Cuddalore to consider the bail application to be filed on the same day in Crime No.162 of 2013 on the file of the respondent Police.

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2.The learned counsel for the petitioners would submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 323, 324, 307 of IPC and Section 3 (2)(v) of SC / ST Act read with 149 of IPC in Crime No.162 of 2013 and that in view of the specific bar under Section 18 of the SC/ST

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https://hcservices.ecourts.gov.in/hcservices/

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Act, they cannot move any anticipatory bail application and therefore, the petitioners have come forward with the above said prayer.

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3.Heard the learned Additional Public Prosecutor appearing for the respondent.

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4.Having regard to the facts and circumstances of the case, this Court direct the petitioners to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file necessary application for bail. The Court concerned shall consider the same and pass appropriate orders, on merits, on the same day of surrender of the petitioners.

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5.This Criminal Original Petition is ordered accordingly.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vga
To
1.The District & Sessions Judge,
Cuddalore.
1. The Station House Officer,
Orathur Police Station,
Cuddalore District.
2.The Public Prosecutor
High Court, Madras.
1 cc to Mr. C.Ramkumar,Advocate, SR.No.9717
Crl.O.P.No.4245 of 2015
ad(co)
pmk.24.2.2015

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https://hcservices.ecourts.gov.in/hcservices/

Ezhumalai, v. State Rep. by

Case brief

What is this about?

What did the court decide?

Ezhumalai, v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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