Dismissed

S.Sounthiram v. State Rep by

Madras HC4 Aug 2021CRL OP/13392/2021

Case brief

AI extract

What is this about?

The High Court directed the petitioner to surrender to the trial court within two weeks. Upon surrender, the Principal Sessions Judge must deal with the bail application on the same day after issuing notice to victims under Section 15-A(3) of the SC/ST Act, given recent amendments requiring a substantive rather than routine approach.

What did the court decide?

Petitioner directed to surrender within two weeks; trial court to deal with bail application on same day of surrender after issuing notice to victims.

S.Sounthiram Vs State Rep by — Caste Atrocities | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.08.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.No.13392 of 2021

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S.Sounthiram W/o, Palanivel

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...Petitioner

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Versus

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State Rep by The Inspector of Police, Thalaivasal Police Station,

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Salem District. ...Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order direction, directing the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day of surrender of the petitioner in Crime No.15 of 2020 on the file of the respondent police.

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For Petitioner : Mr.R.Nalliyappan

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For Respondent : Mr.A.Damodaran Government Advocate,(Criminal Side)

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ORDER

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This petition has been filed seeking a direction, to direct the learned the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.15 of 2020 on the file of the second respondent police.

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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 petitioner is directed to surrender before the trial Court within a period of two weeks from the date of

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

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receipt of a copy of this order or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem , 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 (3) of the SC/ST Act.

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This Criminal Original Petition is disposed of with the above directions.

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Sd/-

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Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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mfa

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The Principal Sessions Judge and Special Judge for Prevention ofSC & ST Atrocities Act, Salem.

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The Inspector of Police, Thalaivasal Police Station, Salem District.

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The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.13392 of 2021

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SMI(CO) RGA(24/08/2021)

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

S.Sounthiram v. State Rep by

Case brief

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S.Sounthiram v. State Rep by

Case brief

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