Disposed

Mathi, S/O.Selvam, v. the Deputy Superintendent of

Madras HC29 Apr 2019CRL OP(MD)/6333/2019

Case brief

AI extract

What is this about?

Petitioners sought direction to consider a bail application filed before the trial court under the SC/ST Act. The High Court held that usual routine directions for immediate disposal cannot be issued post-amendment. It directed surrender within ten days with notice issued to victims under Section 15-A of the SC/ST Act before the trial court deals with the matter on merits.

What did the court decide?

Directed petitioners to surrender within ten days; trial court to deal with bail on merits after issuing notice to victims under Section 15-A of the SC/ST Act.

Mathi, S/O.Selvam, Vs the Deputy Superintendent of — Caste Atrocities | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE. N.SESHASAYEE

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Crl.O.P.[MD].No.6333 of 2019

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1.Mathi

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2.Arun

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3.Manikandan : Petitioners/Accused Rank not known

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/Vs./

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1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District. : Respondent/Complainant

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2.State represented by The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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3.Jeevanantham : 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 Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider the bail application of the petitioners / Accused to be filed in Cr.No.88 of 2019 on the file of the 2^nd respondent police and to accept their surrender on the same day on merits.

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For Petitioners : Mr.G.V.Vairam Santhosh 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 Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider the bail application of the petitioners / Accused to be filed in Cr.No.88 of 2019 on the file of the 2^nd respondent police and to accept their surrender on the same day on merits.

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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 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 Principal District and Sessions Judge (PCR Court), Pudukkottai, shall deal with the matter on the same day on merits and in accordance with law, after issuing https://hcservices.ecourts.gov.in/hcservices/ 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 petitioners are directed to take private notice to the victims intimating the date of their surrender.

Sd/-

Assistant Registrar

// True Copy //

Sub Assistant Registrar(CS)

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

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2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

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3.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

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Crl.O.P.[MD].No.6333 of 2019

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AL(CO) TR (07.05.2019) 2P 5C

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

Mathi, S/O.Selvam, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

Mathi, S/O.Selvam, v. the Deputy Superintendent of

Case brief

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What did the court decide?

What the court decided

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