Allowed

Vikki@Vignesh v. The Deputy Superintendent of Police

Madras HC11 Feb 2021CRL OP(MD)/2066/2021

Case brief

AI extract

What is this about?

Criminal Original Petition filed under Section 482 CrPC under Section 4 of Tamil Nadu Women Harassment Act, and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, is allowed, directing the Special Court to accept the surrendered petitioners and consider the bail application on merits on the same date.

What did the court decide?

Criminal Original Petition allowed; Special Court directed to accept petitioners' surrender and consider bail application on merits on the same date.

Vikki@Vignesh Vs The Deputy Superintendent of Police — Caste Atrocities | Madras HC (2021)

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Crl.O.P.(MD)No.2066 of 2021

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1.Vikki @ Vignesh

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.02.2021

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CORAM :

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THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2066 of 2021

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1.Vikki @ Vignesh ...1^st Petitioner/Accused No.3 2.Ranjith ...2^nd Petitioner/Accused Rank Known Vs.

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1.The Deputy Superintendent of Police Musiri, Trichy District. ...1^st Respondent/Investigating Officer

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2.The Inspector of Police Musiri Police Station, Trichy District. ...2^nd Respondent/Complainant

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3.Sriram ...3^rd Respondent/Defacto Complainant

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Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C direct the 1^st Additional Sessions(Special Court for SC/ST Act Cases PCR) Trichy, to consider the Bail application of the petitioners in Crime No.28 of 2021 on the same date of surrender and dispose the same on its merits in accordance with law.

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For Petitioners : Mr. R.Maheswaran

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For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate

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ORDER

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The petitioners are the accused in Crime No.28 of 2021 of Musiri Police Station, Trichy District. The said case was registered against the accused under Sections 147, 294(b), 323, 324, 506(ii) of IPC r/w. Section 4 of TNWH Act, r/w. Section 3(1) (r) 3 (1) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

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2.The present petition filed by the petitioners is to direct the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, to accept the surrender of the petitioners and also to consider the bail application on the same day.

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3.Mr.R.Erottuchamy, learned Government Advocate, takes notice for the respondents 1 and 2. The third respondent is the defacto complainant.

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

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Crl.O.P.(MD)No.2066 of 2021

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4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application by the learned 1^st Additional Sessions Judge (Special Court for SC/ST Act Cases PCR), Trichy, this Court is inclined to pass the following orders :-

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(i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioner should appear before the learned 1^st Additional Sessions Judge (Special Court for SC/ST Act Cases PCR), 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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(ii) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits, preferably on the same date.

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5.With the above observation, this Criminal Original Petition is allowed. Sd/-

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Assistant Registrar

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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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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1.The 1^st Additional Sessions Judge (Special Court for SC/ST Act Cases PCR),Trichy.

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