Disposed

Buvaneswari v. State Rep by

Madras HC27 Oct 2021CRL OP/20014/2021

Case brief

AI extract

What is this about?

Court disposed of a criminal original petition seeking bail and direction to the Special Court to entertain the bail application on the same day after surrender within two weeks, invoking the amendments to the Prevention of Atrocities Act.

What did the court decide?

Directed petitioner to surrender within two weeks; Special Court to decide bail on same day on merit after issuing notice to victims under Section 15-A(3).

Buvaneswari Vs State Rep by — Caste Atrocities | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 27.10.2021

¶3

CORAM:

¶4

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶5

CRL.O.P.NO.20014 OF 2021

¶6

Buvaneswari,

¶7

D/o. N. Selvaraj ...Petitioner

¶8

Versus

¶9

1.State rep. by The Superintendent of Police (East), Puducherry.

¶10

2.The Inspector of Police,
 Orleanpet Police Station,
 Puducherry.
 (Crime No.166 of 2021) ...Respondents

¶11

PRAYER : Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to pass an order of direction,
directing the Special Court for Schedule Caste and Schedule
Tribes (Prevention of Atrocities Act, 1989 Amendment 2015), to
entertain the bail application of the petitioner on the same day
and release the petitioner on bail pending investigation in
Crime No.166 of 2021 on the file of respondent police subject to
any condition as the trial court in accordance with law.

¶12

For Petitioners : Mr.A.Ramesh

¶13

For Respondents :Mr.V.Balamurugane,
Public Prosecutor (Puducherry)

¶14

ORDER

¶15

(This case has been heard through video conference)

¶16

This petition has been filed seeking a direction, to
direct the learned Special Court for Schedule Caste and Schedule

¶17

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

¶18

Tribes (Prevention of Atrocities) Act Cases, Puducherry to
accept the surrender of the petitioner and consider the
petitioner's bail application on the same day in Crime No.166 of
2021 on the file of the 2nd respondent police.

¶19

2. 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 Special Court for Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Act cases,
Puducherry, 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.

¶20

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

¶21

Sd/-

¶22

Assistant Registrar (CS-III)

¶23

// True Copy //

¶24

Sub Assistant Registrar

¶25

rpp

¶26

To

¶27

1.The Special Judge, Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Puducherry.

¶28

2.The Superintendent of Police (East), Puducherry.

¶29

3.The Inspector of Police, Orleanpet Police Station, Puducherry.

¶30

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

¶31

4.The Public Prosecutor,
 High Court, Madras.

¶32

+1cc to M/s.R.Sankarasubbu, Advocate SR.No.55512

¶33

CRL.O.P.No.20014 of 2021

¶34

NK(CO)

¶35

RVM(10/11/2021)

¶36

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

Buvaneswari v. State Rep by

Case brief

What is this about?

What did the court decide?

Buvaneswari v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Nedumaran Vs Amrish

Ilangovan Vs the State Rep by

V.Yugathithyan Vs The State rep by its

Joshy Madukkakuzhy Vs G.Elizabeth Meera

Vajiravel Vs State by Its

K.v.Ramya Sri Vs the Commissioner of Police