Disposed

A.Kalyanithevar v. the Deputy Superintendent of

Madras HC23 Apr 2019CRL OP(MD)/5780/2019

Case brief

AI extract

What is this about?

The High Court dismissed a petition praying for a direction to dispose of a bail application on merits on the day of surrender. The Court directed the petitioner to surrender within ten days, upon which the trial court must deal with the matter on merits after issuing notice to victims under Section 15-A of the SC/ST Act.

What did the court decide?

Directed the petitioner to surrender within 10 days; trial court to dispose bail application on merits on surrender day after notice to victims.

A.Kalyanithevar Vs the Deputy Superintendent of — Bail and Remand | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019 CORAM: THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.5780 of 2019

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A.Kalyanithevar : Petitioner/1^st Accused

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/Vs./

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1.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District. :1^st Respondent / Investigation Officer

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2.The State represented by The Inspector of Police, Batlagundu Police Station, Dindigul District. (Crime No.128 of 2019) :2^nd respondent/Complainant

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3.Meena : 3^rd Respondent/Defacto Complainant

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PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation of Crime No.128 of 2019 on the file of the Inspector of Police, Battalagundu Police Station, Dindigul District.

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For Petitioner : Mr.S.Saravagan Prabhu For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

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ORDER

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This petition has been filed to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation of Crime No.128 of 2019 on the file of the Inspector of Police, Battalagundu Police Station, Dindigul District.

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2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to surrender before the trial Court within a https://hcservices.ecourts.gov.in/hcservices/ period of ten days from the date of receipt of a copy of this order and on such surrender, the learned District and Sessions Judge (PCR Court), Dindigul District, shall deal with the matter on the same

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day on merits and in accordance with law, after issuing notice to the victims under Section 15-A of the SC/ST Act.

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3.This Criminal Original Petition is disposed of with the above directions. However, the petitioner is directed to take private notice to the victims intimating the date of his surrender.

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Sd/Assistant Registrar (CO)

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/True Copy/

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Sub Assistant Registrar(CS IV)

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

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2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

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3.The Inspector of Police, Batlagundu Police Station, Dindigul 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. SARVAGAN PRABHU, Advocate ( SR-5256[D] dated 24/04/2019 )

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Crl.O.P.[MD].No.5780 of 2019 23.04.2019 DS/ /SAR- (30.04.2019) 2P 6C

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

A.Kalyanithevar v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

A.Kalyanithevar v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

What the court decided

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