Allowed

E.M.Somasundaram, v. the State Rep. by

Madras HC5 Mar 2018CRL OP/5380/2018

Case brief

AI extract

What is this about?

The High Court at Madras allowed a Criminal Original Petition under Section 482 CrPC. The court directed the Principal District & Sessions Judge to expedite the petitioners' bail application, preferably on the same day of surrender, ensuring the victim's right to be heard under Section 15(a) of the SC/ST Act, citing the potential for misuse.

What did the court decide?

Directed the Principal District & Sessions Judge to consider the bail application on the day of surrender and pass orders after hearing the victim.

E.M.Somasundaram, Vs the 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: 28.02.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No. 5380 of 2018
1.J.Vengat Raj
2.Vijaya ... Petitioner
Vs.
1.The State represented by
The Deputy Superintent of Police,
Perambalur District.
2.The Sub-Inspector of Police, (Law & Order)
Perambalur PS. ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principle District & Sessions Judge, Perambalur to accept the surrender of the petitioner / Accused (1-20 and consider their Bail application on the surrender in the Crime No.138 of 2019 in the file of Respondents police at Perambalur.

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For Petitioner : Mr.C.Babu

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For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

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O R D E R

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This petition is filed for a direction to the learned Principle District &

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Sessions Judge, Perambalur to consider the petitioners' bail petition on the http://www.judis.nic.in

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same day of their surrender in connection with Crime No.138 of 2019, since

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the offences are pertaining to the Scheduled Castes and Scheduled Tribes

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(Prevention of Atrocities) Act, 1989.

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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 Principle District & Sessions Judge, Perambalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.138 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

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

28.02.2019

Internet: Yes

Index: Yes/No

vsn/lpp

http://www.judis.nic.in

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1.The Principle District & Sessions Judge, Perambalur

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2. The Public Prosecutor, High Court, Madras.

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Note:Issue Order copy on 04.03.2019

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G .K.ILANTHIRAIYAN, J.

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vsn/lpp
Crl.O.P.No.5380 of 2019
28.02.2019

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http://www.judis.nic.in

E.M.Somasundaram, v. the State Rep. by

Case brief

What is this about?

What did the court decide?

E.M.Somasundaram, v. the State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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