Disposed

Ayyappan v. the State Rep.by

Madras HC1 Apr 2021CRL OP/6443/2021

Case brief

AI extract

What is this about?

Special Leave Petitioner sought directions from the High Court for the Special Judge to accept surrender and dispose of a bail application under the SC/ST Act. The Court modified directions, directing surrender within two weeks subject to a specific procedure.

What did the court decide?

Petitioner directed to surrender within two weeks; Special Judge to decide bail on merits on same day after issuing notice to victim under Section 15(A).

Ayyappan Vs the State Rep.by — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.04.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

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CRL.O.P.NO.6443 OF 2021

Ayyappan

..Petitioner/A-14

Vs.

The State

Rep.by Inspector of Police, Nellikuppam Police Station, Cuddalore District. ..Respondent (Crime No.441/2019)

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Judge, Trial of cases under SC/ST (PoA) Act, Cuddalore, to accept the surrender of the petitioner and to consider the bail petition on the same day in respect to Crime No.441/2019, on the file of the respondent police and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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For Petitioner : Mr.P.Ananda Kumar

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For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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O R D E R

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This petition has been filed seeking to direct the Special Judge, Trial of cases under SC/ST (PoA) Act, Cuddalore, to consider the Bail application of the petitioner concerned in Crime No. 441 of 2019, on the file of the respondent police.

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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. 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 and on such surrender, the Special Judge, Trial of cases under SC/ST (PoA) Act, Cuddalore, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15 (A) of the SC/ST Act.

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

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

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-s/d-

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Assistant Registrar(I)

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True Copy

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Sub-Assistant Registrar

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1.Inspector of Police, Nellikuppam Police Station, Cuddalore District.

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2.Special Judge, Trial of cases under SC/ST (PoA) Act, Cuddalore,

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3.The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.6443 of 2021

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KV(CO) KKV/01/04/2021

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

Ayyappan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Ayyappan v. the 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

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