Disposed

S.Kiran, v. the Deputy Superintendent of

Madras HC23 Apr 2019CRL OP(MD)/5831/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a bail prayer petition filed under Cr.P.C. 482. Instead of routine same-day hearing directions, the Court directed petitioners to surrender within ten days. The trial court must then hear the bail matter on merits after issuing victim notice under the SC/ST Act, 1989, due to continued inpatient treatment of the victim.

What did the court decide?

Directing surrender within ten days; trial court to hear bail on merits after victim notice under SC/ST Act section 15-A.

S.Kiran, Vs the Deputy Superintendent of — Caste Atrocities | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019 CORAM:

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THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.5831 of 2019

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1.S.Kiran

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2.V.Ranjith

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3.N.Rahul @ Mango : Petitioners/Accused No.1,2 & 4 /Vs./

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1.The Deputy Superintendent of Police, Musiri, Trichy District. : 1^st Respondent

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2.The State represented by The Sub-Inspector of Police, Thottiyam Police Station, Trichy District. (Crime No.86 of 2019) : 2^nd Respondent/Complainant 3.O.Thangadurai :3^rd Respondent/Defacto Complaint 4.T.Sivaraman : 4^th Respondent/Victim

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PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy District to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.86 of 2019 on the file of the 2^nd respondent.

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For Petitioners : Mr.A.Azhageson 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 I Additional District and Sessions Judge (PCR Court), Trichy District to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.86 of 2019 on the file of the 2^nd respondent.

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2.The learned Additional Public Prosecutor submitted that the major offence is one under Section 307 IPC and the injured is continuing to take treatment as inpatient.

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3.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 petitioners are directed to surrender before the trial Court within https://hcservices.ecourts.gov.in/hcservices/ a period of ten days from the date of receipt of a copy of this order and on such surrender, the learned I Additional District and Sessions Judge (PCR Court), Trichy District, shall deal with the

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

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4.This Criminal Original Petition is disposed of with the above directions. However, the petitioners are directed to take private notice to the victim intimating the date of their surrender. Sd/Assistant Registrar (CO)

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// True Copy //

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Sub Assistant Registrar(CS)

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Sm To 1.The I Additional District and Sessions Judge (PCR Court), Trichy District. 2.The Deputy Superintendent of Police, Musiri, Trichy District. 3.The Sub-Inspector of Police, Thottiyam Police Station, Trichy District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.A.AZHAGESON, Advocate Sr. No.61743 Crl.O.P.[MD].No.5831 of 2019 23.04.2019 SCR(CO) TR (30.04.2019) 2P 6C

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

S.Kiran, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

S.Kiran, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

What the court decided

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