Allowed

Guna v. the State Repby

Madras HC29 Mar 2022CRL OP/7184/2022

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition seeking directions to the Sessions Judge to accept surrender and grant bail preference in an SC/ST case. The Court directed the judge to consider the bail application on the day of surrender and afford victims an opportunity under Section 15A.

What did the court decide?

Petition allowed; Direction to learned Sessions Judge to accept surrender, consider bail on the same day, and afford victims opportunity under Section 15A within 15 days.

Guna Vs the State Repby — Caste Atrocities | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.03.2022

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CORAM

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THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.7184 of 2022

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1.Guna

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2.Manikandan 3.Suriya @ Jayasuriya

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4.Pugazhenthi 5.Thomas @ Arokiaraj

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... Petitioners / Accused 1 to 5

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Vs.

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State rep by: The Inspector of Police, Mangalam Police Station, Puducherry.

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(Crime No.0006 of 2022)

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... Respondent / Complainant

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PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry to accept the surrender of the petitioners concerned in Crime No.0006 of 2022 on the file of the respondent police and consider the bail petition on the same day itself.

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For Petitioners : Mr.M.Gnanasekar,

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For Respondent : Mr.V.Balamurugane, Public Prosecutor (Pondicherry)

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O R D E R

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This Criminal Original Petition has been filed seeking for a direction to the learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry to accept the surrender of the petitioners concerned in Crime No.0006 of 2022 on the file of the respondent police and consider the bail petition on the same day itself.

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

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In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.0006 of 2022 on the file of the respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

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In view of the above, the Criminal Original Petition stands allowed.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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shk/sai

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The learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act),1989, Puducherry

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The Inspector of Police, Mangalam Police Station, Puducherry.

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The Public Prosecutor, High Court of Madras.

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+1cc to Mr.M.Gnanasekar,, Advocate, S.R.No.21397

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Crl.O.P.No.7184 of 2022

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RR[co]

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NSK 30/03/2022

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

Guna v. the State Repby

Case brief

What is this about?

What did the court decide?

Guna v. the State Repby

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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