Disposed

M.Cithaiyan v. State Rep by

Madras HC26 Oct 2021CRL OP/19978/2021

Case brief

AI extract

What is this about?

The High Court disposed of a bail petition, directing the petitioner to surrender within two weeks. The Judges held that routine directions under the SC/ST Act should not issue but mandated the trial court to deal with the bail application on the same day after victims receive statutory notice.

What did the court decide?

Petitioner directed to surrender within two weeks. Trial court to deal with bail application on the same day upon surrender after issuing notice to victims.

M.Cithaiyan Vs State Rep by — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.10.2021

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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.19978 of 2021

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M.Cithaiyan

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... Petitioner/Accused

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Versus

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The State Rep. by Deputy Superintendent of Police, Salem, Salem District.

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State Rep. by The Inspector of Police, Tholasampatty Police Station, Salem District. (Crime No.214 of 2021) ... Respondents/Complainants

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Salem (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No.214 of 2021, on the file of the Inspector of Police, Tholasampatty Police Station, Salem District.

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For Petitioner : Mr.C.Prabakaran

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For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

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ORDER

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This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge, Salem (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No.214 of 2021, on the file of the Inspector of Police, Tholasampatty Police Station, Salem District.

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

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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 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 District and Sessions Judge, (Special Judge), SC/ST Act cases, Salem 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 (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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DRM/DNA

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The Principal District and Sessions Judge, (Special Judge) SC/ST Act Cases, Salem District.

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The Deputy Superintendent of Police, Salem, Salem District.

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The Inspector of Police, Tholasampatty Polie Station, Salem District. (Crime No.214 of 2021)

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.C.Prabakaran, Advocate, S.R.No. 55133

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CRL.O.P.No.19978 of 2021

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SJ (CO)

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TE (27/10/2021)

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

M.Cithaiyan v. State Rep by

Case brief

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M.Cithaiyan v. State Rep by

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