Disposed

Nagarajan v. The Deputy Superintendent o fPolice

Madras HC19 Apr 2022CRL OP(MD)/7152/2022

Case brief

AI extract

What is this about?

This Criminal Original Petition sought a direction for the trial court to consider the petitioners' bail application on the day of their surrender. The Court issued a direction considering Section 18 of the SC/ST Act, directing the trial court to consider the petition on the day of surrender while affording the victim an opportunity under Section 15(a) and to assess antecedents.

What did the court decide?

Directed the Additional District and Sessions Court to consider the bail application on the day of surrender, affording the victim an opportunity under Section 15(a) and to examine antecedents and gra

Nagarajan Vs The Deputy Superintendent… — Constitutional and Fundamental Rights | Madras HC (2022)

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Crl.O.P.(MD) No.7152 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022 CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7152 of 2022

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1.Nagarajan

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2.Kannan

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... Petitioners/Accused 1 & 4 Vs

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1.The Deputy Superintendent of Police, Kalayarkoil Police Station Division, Sivagangai District.

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2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District. (Crime No.81 of 2022) ... Respondent 1 & 2/Complainant 3.Loorthumeri ... 3^rd Respondent/ Defacto Complainant 4.Prammaiah ... 4^th Respondent/Victim

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... Respondent 1 & 2/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai, to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime.No.81 of 2022 on the file of the second respondent.

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For Petitioners : Mr.A.Arunprasad For Respondents : Mr.R.M.Anbunithi No.1 and 2 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 Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai, to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime.No.81 of 2022 on the file of the second respondent.

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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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai, to consider the petitioners bail application, https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD) No.7152 of 2022

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preferably on the same day of his surrender in connection with Crime No. 81 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. 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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It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

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With the above direction, the Criminal Original Petition stands disposed of.

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Assistant Registrar (T&P)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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mga

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1.The Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai.

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2.The Deputy Superintendent of Police, Kalayarkoil Police Station Division, Sivagangai District.

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3.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

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

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+1CC A.Arun Prasad,Advocate(SR.No.19946)

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CRL.O.P (MD) No.7152 of 2022 19.04.2022

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MGJ(20.04.2022) 2P 6C

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

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Nagarajan v. The Deputy Superintendent o fPolice

Case brief

What is this about?

What did the court decide?

Nagarajan v. The Deputy Superintendent o fPolice

Case brief

What is this about?

What did the court decide?

What the court decided

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