Disposed

R.Ravi v. the Inspector of Police

Madras HC17 Aug 2016CRL OP(MD)/14304/2016

Case brief

AI extract

What is this about?

The Madras High Court directed the Special Court for SC/ST Atrocities Act cases at Trichy to accept the petitioners' surrender and consider their bail application on the same day of filing, given the statutory bar under Section 18 against seeking anticipatory bail.

What did the court decide?

Direction to accept the surrender of petitioners and consider the bail application on the same day on merits and in accordance with law, noting the bar on anticipatory bail.

R.Ravi Vs the Inspector of Police — Caste Atrocities | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.08.2016

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CORAM:

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THE HONOURABLE Dr. JUSTICE S.VIMALA

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1.R.Ravi

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2.R.Balakrishnan .. Petitioners

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Vs.

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State through the Inspector of Police, Siruganoor Police Station, Trichy District Crime No.282/2016

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to accept the surrender of the petitioners before the special Court for SC/ST Atrocities Act i.e.The I Additional District and Sessions Judge(Special Court for PCR cases) at Trichy Trichy district in connection with Cr.No.282 of 2016 on the file of the respondent police and to consider the bail application filed by the petitioners on the same day.

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For Petitioner : Mr.C.Jeganathan For respondents : Mr.K.V.Rajarajan Government Advocate (Criminal side)

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ORDER

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This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself.

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2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents.

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3.The petitioners are arrayed as accused No.1 and 2 in Crime No.282/2016 in respect of the offences under Sections 294(b), 323, 506(i) IPC r/w Section 4 of Women Harassment Act read with 3 (1) (r) (s), 3(2),(VA) of SC/ST (POA) Act, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

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https://hcservices.ecourts.gov.in/hcservices/ 4.Learned Government Advocate (Crl. Side) takes notice for the respondent and submits, on instructions, that A2/the 2^nd petitioner in this case has already been arrested and released on bail and

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the investigation is almost completed.

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5.Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned I Additional District and Sessions Judge(Special Court for PCR cases) Trichy, Trichy district, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.282/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

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With this observation, this petition is disposed of accordingly.

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Sd/

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Assistant Registrar(AE)

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/True Copy/

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Sub Assistant Registrar.

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1.The I Additional District and Sessions Judge (Special Court for PCR cases) Trichy

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Trichy district

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2.The Inspector of Police, Siruganoor Police Station, Trichy District

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3.The Additional Public Prosecutor

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Madurai Bench of Madras High Court, Madurai.

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+1CC to M/S.C.Jeganathan, Advocate, SR.No. 45241

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Crl.O.P(MD)No.14304 of 2016 17.08.2016

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AM/AAL.MPA/SAR-I/22.08.2016/2P/5C

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

R.Ravi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

R.Ravi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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