Allowed

Vn.Doraiswamy, M/A.63 v. State Rep by

Madras HC15 Feb 2018CRL OP/4410/2018

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition under Section 482 Cr.P.C., directing the Principal Sessions Judge, Erode, to consider the petitioner's bail application on the same day of surrender in a SC/ST Act case, citing Section 18 of the SC/ST Act as a bar against non-urgent remand.

What did the court decide?

Direction to the Principal Sessions Judge, Erode, to consider the bail application on the day of surrender.

Vn.Doraiswamy, M/A.63 Vs State Rep by — Caste Atrocities | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.02.2018

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CORAM

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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CRL.O.P.No.4410 of 2018

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V.N.Doraiswamy ..Petitioner/ Accused

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Vs State rep by Inspector of Police, Vellode Police Station, Erode District. ...Respondent/Complainant (Crime No.19 of 2018)

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Erode to consider the bail application on the very same day in Crime No.19 of 2018 pending on the file of the respondent police.

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For Petitioner : M/s.A.Gokulakrishnan For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side) O R D E R

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This petition is filed for a direction to the learned Principal Sessions Judge, Erode to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.19 of 2018, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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2.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 Sessions Judge, Erode to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No.19 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

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

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

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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
dh
To
1. The Principal Sessions Judge, Erode.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.A.Gokula Krishnan, Advocate, S.R.No.11613
CRL.O.P.No.4410 of 2018
SSV(CO)
RRK(16/02/2018)

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

Vn.Doraiswamy, M/A.63 v. State Rep by

Case brief

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Vn.Doraiswamy, M/A.63 v. State Rep by

Case brief

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What the court decided

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