Ramasaravanan v. the Inspector of Police
Case brief
What is this about?
Under Section 482 CrPC, the Court directed the trial court to assign the bail petition a substantive hearing on the date of surrender and disposal on merits, despite charges under the SC/ST Act.
What did the court decide?
Direction to the lower Court to dispose of the bail petition on the same day of surrender strictly on merits.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2015 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA Crl.O.P.(MD)No.19022 of 2015
1.Ramasaravanan
2.R.Karpagavalli : Petitioners/Accused No.1 & 2
Versus
The State rep. by The Inspector of Police, Tenkasi Police Station, Tirunelveli District. (Crime No.417 of 2015)
: Respondent/Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District and Sessions (PCR) Court, Tirunelveli District under the SC/ST (Prevention of Atrocities) Act 1989 to consider the bail application on the same day of surrender of the petitioners in connection with crime No.417 of 2015 pending investigation on the file of the respondent on its merits and consider on the same day.
For Petitioners : Mr.M.Boopathy Pandian For Respondent : Mr.P.Kandasamy G.A. (Crl. side)
ORDER
This petition has been filed to direct the learned II Additional District and Sessions (PCR) Court, Tirunelveli District to accept the surrender of the petitioners and to consider the bail application on the same day in connection with crime No.417 of 2015 pending investigation on the file of the respondent.
Issues for consideration
2 issues framed by the court
Whether the lower court must dispose of the bail petition on the same day of surrender on strict merits.
How to balance the nature of the offence under the SC/ST Act with the reduced severity alleged in the case.
Parties & counsel
- petitioner
Ramasaravanan
- petitioner
R. Karpagavalli
- respondent
The State rep. by The Inspector of Police, Tenkasi Police Station, Tirunelveli District
Coram
Case details
As recorded by the court registry
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