Allowed

K.Kamalakannan v. the State Rep.by Its

Madras HC6 Jan 2020CRL OP/73/2020

Case brief

AI extract

What is this about?

High Court allowed bail in PCA case directing petitioners to surrender within two weeks. Court ruled usual routine bail directions are inapplicable; emphasized mandating victim notice under Section 15(A) SC/ST Act before hearing merits.

What did the court decide?

Directed petitioners to surrender within two weeks; Special Court to grant bail on merits same day after issuing notice to victims under Sec 15(A) SC/ST Act.

K.Kamalakannan Vs the State Rep.by Its — Caste Atrocities | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.01.2020

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CORAM:

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THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.73 of 2020

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1.K.Kamalakannan

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2.Subramani 3.Rajammal @ Rajam

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4.Devi

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... Petitioners/Accused

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Vs.

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The State represented by its

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1.Assistant Superintendent of Police, Sriperumbudur, Kanchipuram District

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2.The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk, Kanchipuram District. (Crime No.374 of 2019). ... Respondents/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to permit the petitioners to surrender before the Special Court for PCR Cases, Chingleput and may direct the same court to consider the bail petition and enlarge the petitioners/accused on bail on the same day in Crime No.374 of 2019 originally on the file of the second respondent now on the file of the first respondent police.

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For Petitioners : Mr.R.Sampathkumar For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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This petition has been filed seeking a direction, to permit the petitioners to surrender before the Special Court for PCR Cases, Chingleput and may direct the same court to consider the bail petition and enlarge the petitioners/accused on bail on the same day in Crime No.374 of 2019 originally on the file of the second respondent now on the file of the first respondent police.

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2.In view of the amendments made in the Scheduled https://hcservices.ecourts.gov.in/hcservices/ Castes and the Scheduled Tribes (Prevention of Atrocities)

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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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned Judge, Special Court for PCR Cases, Chingleput 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.

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3.This Criminal Original Petition is disposed of with

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the above directions.

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Sd/-

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Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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vv/ah

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1.The Judge,

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Special Court for PCR Cases, Chingleput District.

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2.Assistant Superintendent of Police,

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Sriperumbudur,

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Kanchipuram District

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3.The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk,

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Kanchipuram District.

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4.The Public Prosecutor,

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High Court, Madras.

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+1cc to Dr.R.Sampath kumar , Advocate SR.No. 613

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CRL.O.P.No.73 of 2020

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A.SK(07/01/2020)

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

K.Kamalakannan v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

K.Kamalakannan v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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