Disposed

Sampathkumar v. The Deputy Superintendent of police

Madras HC30 Aug 2019CRL OP(MD)/12151/2019

Case brief

AI extract

What is this about?

The Court rejected a prayer for immediate bail by directing the sole accused to surrender within two weeks and file a bail application for immediate consideration, noting anticipatory bail is unavailable for the charged offences under the SC/ST Act.

What did the court decide?

Direction to surrender within two weeks and file bail application for consideration on the day of surrender.

Sampathkumar Vs The Deputy Superintendent of police — Criminal Trial and Appeal | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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CRL.O.P.(MD).No.12151 of 2019

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Sampathkumar

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: Petitioner/Sole Accused

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Vs.

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1.The Deputy Superintendent of Police, Tiruvarur.

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2.State,

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rep. by the Inspector of Police, Valangaiman Police Station, Tiruvarur District. (Crime No.130 of 2017). : 1^st & 2^nd Respondents/Complainants 3.Rajesh : 3^rd Respondent/Defacto Complainant

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4.Rajanithi : 4^th Respondent/Victim

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PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.120 of 2017, dated 06.05.2017.

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For Petitioner : Mr.M.Siddharthan

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For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

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ORDER

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The petitioner seeks for a direction to the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, to accept his surrender and consider his bail application on the same day on merits relating to Crime No.120 of 2017, dated 06.05.2017.

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The petitioner is the sole accused for the offences punishable under Sections 294(b), 324 and 307 of the Indian Penal Code r/w Sections 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, in Crime No.120 https://hcservices.ecourts.gov.in/hcservices/ of 2017, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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Considering the nature of offences alleged against the

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petitioner and also considering the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, this Court feels it appropriate to direct the petitioner to surrender before the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and on filing such bail application, the learned Judge is directed to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of his surrender. The petitioner is directed to comply with the provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The Criminal Original Petition is ordered accordingly.

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Assistant Registrar (CS-III) // True Copy //

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Sub Assistant Registrar(CS)

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To 1.The First Additional District and Sessions Judge (PCR Court), Thanjavur.

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2.The Deputy Superintendent of Police, Tiruvarur.

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3.The Inspector of Police, Valangaiman Police Station, Tiruvarur District.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.A.P.LOGANATHAN, Advocate ( SR-74342[F] dated 09/07/2019

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Order made in CRL.O.P.(MD).No.12151 of 2019 Dated: 30.08.2019

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SML

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https://hcservices.ecourts.gov.in/hcservices/ JMN(03.09.2019) 2P : 6C

Sampathkumar v. The Deputy Superintendent of police

Case brief

What is this about?

What did the court decide?

Sampathkumar v. The Deputy Superintendent 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

Parties & counsel

Coram

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