Dismissed

Loganathan v. the Deputy Superintendent of Police

Madras HC2 Nov 2021CRL OP/20767/2021

Case brief

AI extract

What is this about?

The High Court directed petitioners to surrender within two weeks. Upon surrender, the designated Special Court shall consider the bail application on the merits on the same day, after issuing notice to victims, as Section 482 CrPC directions are not to be issued routinely under the amended SC/ST Act.

What did the court decide?

Petitioner directed to surrender within two weeks; Special Court to consider bail application on same day on merits after notice to victims.

Loganathan Vs the Deputy Superintendent of Police — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.11.2021

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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.20767 of 2021

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1.Loganathan 2.Annakilli ... Petitioners

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Versus

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The Deputy Superintendent of Police, Attur, Salem District.

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The Inspector of Police, Thalaivasal Police Station, Salem District. (Crime No.455 of 2021) ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem to consider the bail application on the same day for the petitioners in Crime No.455 of 2021.

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For Petitioners : Mr.R.Vivekananthan For Respondents : Mr.R.Vinoth Raja Government Advocate [Crl. Side] O R D E R

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This Criminal Original Petition is filed to direct the learned Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem to consider the bail application on the same day for the petitioners in Crime No.455 of 2021.

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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.

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

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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 and on such surrender, the learned Judge, Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, 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. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

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

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Sd/-

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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The Deputy Superintendent of Police, Attur,

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Salem District.

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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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The Judge, Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem.

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+1CC to Mr.R.Vivekananthan, Advocate, Sr.No.56970

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CRL.O.P.No.20767 of 2021

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CP (CO)

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K.RK. (02.11.2021)

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

Loganathan v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Loganathan 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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