Disposed

Saravanakumar, v. the Deputy Superintendent of

Madras HC26 Apr 2019CRL OP(MD)/6055/2019

Case brief

AI extract

What is this about?

In a Criminal Original Petition seeking immediate consideration of a bail application, the Court directed petitioners to surrender within ten days. Upon surrender, the trial court must consider the bail application same-day on merits after issuing notice to victims under Section 15-A of the SC/ST Act.

What did the court decide?

Directing petitioners to surrender within ten days for same-day bail hearing on merits; directing trial court to issue notice to victims under Section 15-A of SC/ST Act.

Saravanakumar, Vs the Deputy Superintendent of — Pension and Retirement Benefits | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019 CORAM: THE HONOURABLE MR.JUSTICE. N.SESHASAYEE

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Crl.O.P.[MD].No.6055 of 2019

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1.Saravanakumar

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2.Elavarasan

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3.Prasanth 4.Parthiban 5.Diwahar 6.Viji @ Vijayakumar 7.Karthick @ Karthickeyan

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8.Prakash 9.Janath 10.Shanmugam : Petitioners /Accused Rank A1 to A10 Vs.

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

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2.State represented by The Inspector of Police, Thottiyam Police Station, Trichy District. (Crime No.93 of 2019) :2^nd Respondent/Complainant

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3.Devika :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 I Additional District and Sessions Judge (PCR Court), Trichy District to consider the bail application of the petitioners on the same day on merits in the event of their surrender, in connection with Crime No.93 of 2019 on the file of the second respondent police.

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For Petitioners : Mr.A.Azhageson

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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 on merits in the event of their surrender, in connection with Crime No.93 of 2019 https://hcservices.ecourts.gov.in/hcservices/ on the file of the second respondent police.

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The learned Additional Public Prosecutor submitted that the victim is still taking treatment in the hospital as inpatient.

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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 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 matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A of the SC/ST Act. The Court may also ascertain the facts from the Special Public Prosecutor at the time of considering the bail application.

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This Criminal Original Petition is disposed of with the above directions. However, the petitioners are directed to take private notice to the victims intimating the date of their surrender.

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Sd/-

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Assistant Registrar (CS-III)

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/ True Copy /

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Sub Assistant Registrar(CS)

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1.The I Additional District and Sessions Judge (PCR Court), Trichy District.

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2.The Deputy Superintendent of Police, Musiri, Trichy District.

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The Inspector of Police,

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Thottiyam Police Station, Trichy 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.A.AZHAGESON, Advocate ( SR-62793[F] dated 26/04/2019 )

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Crl.O.P.[MD].No.6055 of 2019

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26.04.2019

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ES/08.05.2019/2P/6C

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

Saravanakumar, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

Saravanakumar, v. the Deputy Superintendent of

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

Case details

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