Allowed

Mani @ Ramesh v. The Deputy Superintendent of police

Madras HC1 Nov 2019CRL OP(MD)/15824/2019

Case brief

AI extract

What is this about?

Crl. O.P. filed under Section 482 Cr.P.C. seeking direction to PCR Court Tirunelveli to consider petitioner's bail application on the day of surrender in an SC/ST Act case, exercising inherent jurisdiction to prevent misuse of Section 18.

What did the court decide?

Directed PCR Court to consider bail application on day of surrender and dispose on merits after opportunity to victim.

Mani @ Ramesh Vs The Deputy Superintendent of police — Caste Atrocities | Madras HC (2019)

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CRL.O.P (MD) No.15824 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.11.2019

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRL.O.P (MD) No.15824 of 2019

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Mani @ Ramesh ... Petitioner

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1.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District

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2.The Inspector of Police Kadayanallur Police Station Kadayanallu, Tirunelveli District

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3.R.Chinnamariappan ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Court ( PCR Court) Tirunelveli under the SC/ST Act to accept the surrender of the Petitioner in connection with the Cr No. 159/2019 pending investigation on the file of the 2nd Respondent and to consider their bail application on the same day of surrender

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For Petitioner : Mr.V.Muthukamatchi

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For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 and 2

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O R D E R

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This petition is filed for a direction to direct the Principal District and Sessions Court ( PCR Court) Tirunelveli under the SC/ST Act to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.159 of 2019 on the file of the 2^nd respondent.

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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 Principal District and Sessions Court ( PCR Court) Tirunelveli under the SC/ST Act, to consider the petitioner's bail application, preferably on the same https://hcservices.ecourts.gov.in/hcservices/ day of his surrender in connection with Crime No. 159 of 2019 on the

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CRL.O.P (MD) No.15824 of 2019

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file of the 2^nd respondent 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 petitioner 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.

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Assistant Registrar (CO) // True Copy //

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Sub Assistant Registrar(CS)

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aav

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1.The Principal District and Sessions Judge, ( PCR Court) Tirunelveli

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2.The Deputy Superintendent of Police,

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Puliyangudi, Tirunelveli District

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3.The Inspector of Police Kadayanallur Police Station Kadayanallu, Tirunelveli District

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4.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.S.VISHNUVARDHAN, Advocate ( SR-95669[F] dated 01/11/2019 )

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Order made in CRL.O.P (MD) No.15824 of 2019 01.11.2019

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JMN(04.11.2019) 2P : 6C

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

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Mani @ Ramesh v. The Deputy Superintendent of police

Case brief

What is this about?

What did the court decide?

Mani @ Ramesh v. The Deputy Superintendent of police

Case brief

What is this about?

What did the court decide?

What the court decided

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