Allowed

Thangadurai v. the Inspector of Police

Madras HC3 Apr 2019CRL OP/8859/2019

Case brief

AI extract

What is this about?

The High Court directed the Special Court at Perambalur to consider the petitioners' bail application on the same day of their surrender, citing concerns about the misuse of the SC/ST Act, while mandating due process for victims under Section 15(a).

What did the court decide?

Direction to the Special Court to consider the bail application on the same day of the petitioners' surrender, with mandatory hearing of victims.

Thangadurai Vs the Inspector of Police — Caste Atrocities | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.04.2019

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRL.O.P.No.8859 of 2019

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Thangadurai 2. Balamurugan 3. Boomalai 4. Manikandan 5. Chandrasekar 6. Elavarasu@ Elavarasan 7. Anandhbabu 8. Elaiyaraja ... Petitioners/A1 to A8 Vs State by Inspector of Police, Kunnam Police Station, Perambalur District. (Crime No.48 of 2019) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Crime No.48 of 2019 on the file of Inspector of Police, Kunnam Police Station, Perambalur, Perambalur District and consider the bail petition on the same day itself. For Petitioner : Mr.K.Balu For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

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O R D E R

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This petition is filed for a direction to the Special Court/Principal District and Sessions Court, Perambalur, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.48 of 2019, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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

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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 Special Court/Principal Sessions Court, Perambalur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.48 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victims 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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In view of the above, the Criminal Original
Petition stands allowed.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
rm
To
1. The Principal District and Sessions Judge,
(Special Court under SC & ST Atrocities Act)
Perambalur.
2.The Inspector of Police,
Kunnam Police Station,
Perambalur District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr .K.Balu , Advocate SR.No. 32072
CRL.O.P.No.8859 of 2019
A.SK(04/04/2019)

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

Thangadurai v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Thangadurai v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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