Disposed

Murugan @ Balamurugan v. The Superintendent of Police

Madras HC1 Feb 2021CRL OP(MD)/1211/2021

Case brief

AI extract

What is this about?

The Madras High Court disposed of a Criminal Original Petition filed to direct the Additional District and Sessions Judge to accept the surrender and consider the bail application of two accused persons on the same day of their surrender in a case involving atrocities on SC/ST.

What did the court decide?

Directed the petitioners to appear within 15 days; on surrender, the Concerned Judge may consider bail on the same day after giving notice to the Public Prosecutor.

Murugan @ Balamurugan Vs The Superintendent of Police — Caste Atrocities | Madras HC (2021)

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Crl.O.P.(MD)No.1211 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :01.02.2021

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CORAM :

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THE HONOURABLE Mrs. JUSTICE R. HEMALATHA

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Crl.O.P.(MD)No.1211 of 2021

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1.Murugan @ Balamurugan

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2.Premkumar ...Petitioners/1^st &4^th Accused Vs.

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1.The Superintendent of Police, Office of the Superintendent of Police, Thenkasi, Tenkasi District.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi,Tenkasi District.

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3.The State rep., by The Sub-Inspector of Police, Achanpudur Police Station, Tenkasi District. Formerly Tirunelveli District. (Crime No.3 /2021) ...1 to 3 Respondent/Complainant 4.Krishnamoorthi ...4^th Respondent/Defacto Complainant

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Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the II Additional District and Sessions Judge (PCR Act Cases), Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.3 of 2021 on the file of the third respondent police.

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For Petitioners : Mr.N.S.Karthikeyan For Respondents 1,2 & 3 : Mr.R.Erottuchamay

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Government Advocate (Criminal side)

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ORDER

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The petitioners are the Accused Nos. 1 and 4 in Crime No.3 of 2021 of Achanpudur Police Station, Tenkasi District. The said case was registered against the accused under Sections 147, 294(b), 323 and 506(i) of Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3 (2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

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https://hcservices.ecourts.gov.in/hcservices/ 2.The present petition filed by the petitioners is to direct

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1/3

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Crl.O.P.(MD)No.1211 of 2021

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the II Additional District and Sessions Judge (PCR Act Cases), Tirunelveli, to accept the surrender of the petitioners and to consider the bail application on the same day.

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3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), accepts notice for the respondents 1 to 3. The fourth respondent is the de-facto complainant.

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4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

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The petitioners should appear before the II Additional District Judge (PCR Act Cases), Tirunelveli, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

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On such surrender, the concerned Judge, may consider the bail application filed by the petitioners on merits, on the same day of surrender, after giving notice to the concerned Public Prosecutor.

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5.With the above observation, this Criminal Original Petition is disposed of.

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Assistant Registrar (crl.side)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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rmk

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Note In view of the present lock down owing to COVID-19 pandemic, : a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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II Additional District and Sessions Judge (PCR Act Cases), Tirunelveli,

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2.The Superintendent of Police, Office of the Superintendent of Police, Thenkasi, Tenkasi District.

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

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2/3

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Crl.O.P.(MD)No.1211 of 2021

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3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi,Tenkasi District. 4.The Sub-Inspector of Police, Achanpudur Police Station, Tenkasi District. Formerly Tirunelveli District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.N.S.KARTHIKEYAN, Advocate ( SR-2943[F] dated 02/02/2021 ) Crl.O.P.(MD)No.1211 of 2021 01.02.2021

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NA(CO) KB(18.02.2021) 3P 7C

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

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Murugan @ Balamurugan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Murugan @ Balamurugan v. The Superintendent of Police

Case brief

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What did the court decide?

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