Allowed

Palani @ Palanikumar v. The Deputy Superintendent of Police

Madras HC19 Feb 2021CRL OP(MD)/2621/2021

Case brief

AI extract

What is this about?

The Court was approached to direct the Additional District Judge to accept the petitioners' surrender and consider their bail application on the same day. The Court allowed the request, directing the petitioners to appear within 15 days for surrender.

What did the court decide?

Direction to the petitioners to appear before the I Additional District Judge within 15 days for surrender, allowing the judge to consider bail on the same day after notice to the Public Prosecutor.

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

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Crl.O.P.(MD)No.2621 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :19.02.2021

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CORAM :

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THE HONOURABLE Mrs. JUSTICE R. HEMALATHA

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Crl.O.P.(MD)No.2621 of 2021

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1.Palani @ Palanikumar 2.Vijay 3.Sivaraj ... Petitioners/Accused Nos.3 to 5 Vs.

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State rep., by 1.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

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2.The Inspector of Police, Pappanadu Police Station. Crime No.47 of 2021 ..1^st and 2^nd Respondents/Complainants 3.Elankavi ... 3rd Respondent/Defacto Complainant

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Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned I Additional District and Sessions Judge (PCR Act Cases), Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.47 of 2021 on the file of the second respondent police.

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For Petitioner : MrS.Mahendrapathy For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

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ORDER

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The petitioners are accused 3 to 5 in Crime No.47 of 2021 of Pappanadu Police Station, Thanjavur District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC read with Sections 3(1)(r)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

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2.The present petition filed by the petitioners is to direct the I Additional District Judge (PCR Act Cases), Thanjavur, to accept the surrender of the petitioners and also to consider the bail application on the same day.

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

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1/3

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Crl.O.P.(MD)No.2621 of 2021

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3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), accepts notice for the respondents 1 and 2. The third 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 :- 1) The petitioners should appear before the learned I Additional District Judge (PCR Act Cases), Thanjavur, 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 learned I Additional District Judge (PCR Act Cases), Thanjavur, 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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Sd/-

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Assistant Registrar (CO)

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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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To 1.I Additional District Judge (PCR Act Cases), Thanjavur.

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2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

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3.The Inspector of Police, Pappanadu Police Station.

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https://hcservices.ecourts.gov.in/hcservices/ Crime No.47 of 2021

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2/3

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Crl.O.P.(MD)No.2621 of 2021

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD)No.2621 of 2021 19.02.2021

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MJ(CO) KK(26.02.2021) 3P 5C

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

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Palani @ Palanikumar v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Palani @ Palanikumar 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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