Disposed

Thangamani v. the Deputy Superintendent of Police

Madras HC5 Oct 2021CRL OP/18379/2021

Case brief

AI extract

What is this about?

High Court disposed of a bail petition under Section 482 CrPC opposing mandatory immediate hearing directions. Court ruled usual routine automatic hearing directions cannot be issued routinely post-amendments. Petitioners directed to surrender within two weeks; trial court to deal with bail matter on same day after issuing notice to victims under Section 15-A(3) SC/ST Act.

What did the court decide?

Petition dismissed; petitioners directed to surrender before trial court within two weeks; bail to be heard on same day after notice to victims.

Thangamani Vs the Deputy Superintendent of Police — Caste Atrocities | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.10.2021

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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.18379 of 2021

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Thangamani S/o. Thirumalai

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Senthil @ Ramesh S/o.Venkatesh

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Shanthi W/o. Thangamani

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Uma @ Uma Maheswari W/o. Thangavel

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... Petitioners/Accused 2 to 5

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Versus

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The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

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State Rep. by Inspector of Police, Vennandur Police Station, Namakkal District.

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... Respondents/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Attrocities Act, Namakkal to consider the bail application on the same day on surrender of the petitioners in Crime No.678 of 2021 on the file of the respondent police.

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For Petitioners : Mr. R.Nalliyappan For Respondents : Mr.R.Vinothraja Govt. Advocate (Crl.Side)

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

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ORDER

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(This case has been heard through video conference)

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This petition has been filed seeking a direction, to direct the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Attrocities Act, Namakkal to consider the bail application on the same day on surrender of the petitioners in Crime No.678 of 2021 on the file of the 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 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 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 Attrocities Act, Namakkal 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-VI)

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//True Copy//

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Sub Assistant Registrar

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sp/rpp

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Principal Sessions Judge and Special Judge for Prevention of SC & ST Attrocities Act, Namakkal

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The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

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

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The Inspector of Police, Vennandur Police Station, Namakkal District.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.53554 (10/11/2021)

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CRL.O.P.No.18379 of 2021

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NR(CO) SU(18/10/2021)

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

Thangamani v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Thangamani v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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