Allowed

Selvam @ Sellam v. The Deputy Superintendent of police

Madras HC13 Oct 2020CRL OP(MD)/11274/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Criminal Original Petition under Section 482 CrPC. The court directed the Additional District and Sessions Judge, Theni, to consider bail applications in a case involving Scheduled Caste offenses on the same day of surrender. The court granted the petitioners eight weeks to surrender and restrained police/arrest authorities from arresting them d

What did the court decide?

Petition allowed; petitioners permitted to surrender within eight weeks; Special Court directed to dispose of bail petition on day of surrender; respondents restrained from arresting petitioners till

Selvam @ Sellam Vs The Deputy… — Constitutional and Fundamental Rights | Madras HC (2020)

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Crl.O.P.(MD)No.11274 of 2020

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1.Selvam @ Sellam

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020 CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11274 of 2020

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1.Selvam @ Sellam 2.Suresh 3.Chinnamokkai 4.Mani ... Petitioners/A1 to A4 Vs

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State rep by 1.The Deputy Superintendent of Police, Theni, Theni District. 2.The Inspector of Police, Palanichettipatty Police Station, Theni District. (Crime No.2024/2020) ... Respondents/Complainants 3.Selvarani ... Respondents/Defacto Complainants/Victims

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PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Additional District and Sessions Judge, Theni (PCR Act cases) to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.2024 of 2020 on the file of the second respondent.

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For Petitioner : Mr.C.Susi Kumar For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

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ORDER

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The petitioners are shown as Accused Nos.1 to 4 in Crime No.2024 of 2020 registered on the file of the Inspector of Police, Palanichettiyapatti Police Station, Theni District, for the offences under Sections 147, 148, 447, 294(b), 323, 324 and 506(2) of IPC r/w Sections 3(1)(g), 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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

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1/2

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Crl.O.P.(MD)No.11274 of 2020

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2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition.

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3.Considering the present times, notice to the third respondent is dispensed with.

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4.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the jurisdictional Special Court within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge will dispose of the petitioner's bail petition on the same day of surrender. Since this direction will become infructuous, if the petitioners are arrested in the meanwhile, the respondents 1 and 2 are restrained from arresting the petitioners till the expiry of the period of eight weeks.

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This Criminal Original Petition is allowed on these terms.

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// True Copy //

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rmi

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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