Allowed

K.G.Gopalakrishnan v. State Rep.by

Madras HC27 Aug 2020CRL OP/13132/2020

Case brief

AI extract

What is this about?

In a Criminal Original Petition under Section 482 CrPC, the Madras High Court directed the Principal District Judge to consider the petitioner's surrender and bail application on the same day, despite the bar under Section 18 of the SC/ST Act, while ensuring the victim hears under Section 15(a). Petitioners to surrender within 15 days.

What did the court decide?

Direction to the Principal District Judge to consider bail petition on the same day of surrender; petitioners to surrender within 15 days of the order.

K.G.Gopalakrishnan Vs State Rep.by — Bail and Remand | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.08.2020

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRL.O.P.No. 13132 of 2020

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Gopalakrishnan, Male (aged about 70 years) A1 S/o, Kumarasamy, 69, Ellish Nagar, Pollachi road, Dharapuram-TK Tiruppur District. ...Petitioner/Accused Vs State represented by The Inspector of Police, Dharapuram Police station, Tiruppur District, In Crime No.1868 of 2020 ... Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue a direction to directing the Principal District Judge (Special Judge for Sc/St (Pa) Act 1989) Tiruppur to accept the surrender of the petitioners in connection with crime No.1868 of 2020 on the file of the respondent to consider the bail petition filed by the petitioner on the same day in accordance with law.

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For Petitioners: P.Kalimuthu

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For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

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This petition has been filed for a direction to direct the Principal District Judge (Special Judge for Sc/St (Pa) Act 1989) Tiruppur to accept the surrender of the petitioners in connection with crime No.1868 of 2020 on the file of the respondent to consider the bail petition filed by the petitioner on the same day.

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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

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

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of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal District Judge (Special Judge for Sc/St (Pa) Act 1989) Tiruppur for PCR cases, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1868 of 2020 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 petitioners' 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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Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
vsn
To
1.The Principal District Judge (Special Judge for Sc/St),
Tiruppur
2.The Inspector of Police,
Dharapuram Police station,
Tiruppur District,
3. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.13132 of 2020
SR(CO)
GN(29/10/2020)

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

K.G.Gopalakrishnan v. State Rep.by

Case brief

What is this about?

What did the court decide?

K.G.Gopalakrishnan v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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