Allowed

Vaithiyanathasamy @ Vaitha v. the State Rep.by

Madras HC25 Sept 2020CRL OP/15135/2020

Case brief

AI extract

What is this about?

The High Court directed the Principal Sessions Judge to consider the petitioners' bail application on the same day of their surrender in connection with a specific crime under the SC/ST Act, after affording the victim an opportunity under Section 15(a). The petition filed under Cr.P.C Section 482 was allowed.

What did the court decide?

Directed the Principal Sessions Judge to consider the bail application on the day of surrender and pass appropriate orders after hearing the victim.

Vaithiyanathasamy @ Vaitha Vs the State Rep.by — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.09.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.15135 of 2020

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1.Vaithiyanathasamy @ Vaitha
2.Mariappan
3.Vijay
4.Vasu @ Vasudevan
5.Moorthy ... Petitioners
Vs.
State Rep by its
The Inspector of Police
Manalmedu Police Station
Nagapattinam District.
(Crime No.1019 of 2020) ...Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Nagapattinam, to consider and pass the orders on the bail application on the very same day in the event of the petitioners surrendering before the Court and filing Bail application in connection with the above Crime No.1019 of 2020 on the file of the respondent police.

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For Petitioners: Mr.V.Sakkarapani For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

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The Criminal Original Petition has been filed to direct the Principal Sessions Judge, Nagapattinam, to consider and pass the orders on the bail application on the very same day in the event of the petitioners surrendering before the Court and filing Bail application in connection with the above Crime No.1019 of 2020 on the file of the respondent police.

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

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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 of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal Sessions Judge, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1019 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 //True Copy// Sub Assistant Registrar Jer To 1.The Principal Sessions Judge Nagapattinam. 2.The Inspector of Police Manalmedu Police Station Nagapattinam District. 3.The Public Prosecutor High Court of Madras. Crl.O.P.No.15135 of 2020 BR(CO) RMP(22/10/2020)

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

Vaithiyanathasamy @ Vaitha v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Vaithiyanathasamy @ Vaitha v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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