Disposed

Gym Babu v. State Rep by

Madras HC25 Jan 2022CRL OP/1135/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of a Criminal Original Petition filed by accused persons in an SC/ST Act case. The Court directed them to surrender within two weeks, ensuring the trial judge deals with their bail application on the same day after issuing notices to victims as per the SC/ST Act.

What did the court decide?

Directed petitioners to surrender within two weeks for the trial court to consider bail application on the same day after issuing notice to victims.

Gym Babu Vs State Rep by — Caste Atrocities | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.01.2022

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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.1135 of 2022

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1.Gym Babu, S/o.Gurusamy,

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2.Sakthivel, S/o.Moorthi.

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3.Subash @ Subashchandrabose, S/o. Mohan,

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4.Denny, S/o.Prasanth,

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5.Praveenkumar @ Premkumar, S/o.Mohan,

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6.Elangovan @ Elango, S/o.Veerasamy, ... Petitioners/ Accused 1, 4 to 8

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Vs.

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1.The state rep by Assistant Commissioner of Police (Podhanur – circle) Coimbatore.

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2.The State Sub-Inspector of Police, Podhanur Police Station, Coimbatore.

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(Crime No.1326 of 2021) ... Respondent/ Complainant

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3.Vasanthakumar

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S/o.Nagamanickam. ... 3^rd Respondent/ Defacto Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, pleased to pass an appropriate order or direction directing the Learned Principal District & Sessions Judge (Special Court for SC/ST Act Cases), at Coimbatore to accept the surrender of the Petitioners and consider the Petitioner's bail application on the same day in

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

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Crime No.1326 of 2021 on the file of the Second Respondent/Police.

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For Petitioners : M/s.S.Rajesh

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For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

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ORDER

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(The case was heard through video conferencing)

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This petition has been filed to direct the Learned Principal District & Sessions Judge (Special Court for SC / ST Act Cases), at Coimbatore to accept the surrender of the Petitioners and consider the Petitioner's bail application on the same day in Crime No.1326 of 2021 on the file of the Second 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 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 or after commencement of normal functioning of the Court, whichever is later and on such surrender, the Principal District & Sessions Judge (Special Court for SC / ST Act Cases), Coimbatore, 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.

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3.With the above directions, this Criminal Original Petition stands disposed of .

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Sd/-

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Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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kas

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1.The Principal District & Sessions Judge, (Special Court for SC/ST Act Cases) Coimbatore.

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

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2.The Assistant Commissioner of Police (Podhanur – circle) Coimbatore.

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3.The Sub-Inspector of Police, Podhanur Police Station, Coimbatore. 4.The Public Prosecutor High Court of Madras +1cc to Mr.S.Rajesh, Advocate, S.R.No.4181 CRL.O.P.No.1135 of 2022

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VBM(CO) SB(27/01/2022)

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

Gym Babu v. State Rep by

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Gym Babu v. State Rep by

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