Disposed

Thirthamalai v. State Rep by

Madras HC24 Jan 2022CRL OP/1136/2022

Case brief

AI extract

What is this about?

The Court disposed of a Criminal Original Petition filed for acceptance of surrender and immediate consideration of a bail petition in an SC/ST case. Directions were issued to surrender within two weeks, requiring the trial court to deal with the matter on merits after notifying victims under Section 15-A(3).

What did the court decide?

Petitioner directed to surrender within two weeks; Special Court to deal with surrender and bail on same day after noticing victims.

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.01.2022

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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.1136 OF 2022

Thirthamalai

... Petitioner

Versus

The State Rep. by The Inspector of Police, Thirunavalur Police Station, Kallakurichi District. (Crime No.402 of 2021)

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... Respondent

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PRAYER:-

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Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for cases under SC/ST Prevention of Atrocities Act, Villupuram, to accept the surrender of the petitioner and to consider the bail petition on the same day in a case in Crime No.402 of 2021 on the file of the respondent police.

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For Petitioner : Mr.M.Subash

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

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O R D E R

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This Criminal Original Petition is filed to direct the learned Sessions Judge, Special Court for cases under SC/ST Prevention of Atrocities Act, Villupuram, to accept the surrender of the petitioner and to consider the bail petition on the same day in a case in Crime No.402 of 2021 on the file of the respondent police.

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In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,

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

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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 learned Sessions Judge, Special Court for cases under SC/ST Prevention of Atrocities Act, Villupuram, 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. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

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

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Sd/-

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Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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The Sessions Judge,

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The Special Court for cases under SC/ST

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Prevention of Atrocities Act, Villupuram.

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The Inspector of Police,

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Thirunavalur Police Station, Kallakurichi District.

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The Public Prosecutor, High Court, Madras.

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CRL.O.P.NO.1136 OF 2022

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RSI(CO) PBS/24/01/2022

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

Thirthamalai v. State Rep by

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Thirthamalai v. State Rep by

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