Allowed

Vanjith @ Vanjiya Devan v. The Deputy Superintendent of Police

Madras HC28 Apr 2022CRL OP(MD)/7933/2022

Case brief

AI extract

What is this about?

The High Court directed the Special Court to consider the petitioner's bail application on the same day of surrender in a case under the SC/ST Act. The Court emphasized that the direction to hear the bail on merit does not imply favorable disposition and left the final order to the Special Court.

What did the court decide?

Directed the Special Court to consider the bail application on the same day of surrender but clarified that such direction does not amount to a favorable consideration.

Vanjith @ Vanjiya Devan Vs The Deputy Superintendent of Police — Narcotics (NDPS) | Madras HC (2022)

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CRL.O.P(MD) No.7933 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022 CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD) No.7933 of 2022

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Vanjith @ Vanthiya Devan

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... Petitioner/Accused No.2

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1.The Deputy Superintendent of Police, DSP – Office,

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Manamadurai - 630606

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2.The Inspector of Police, All Women Police Station, Manamadurai - 630606 ... Respondent Nos.1 & 2/ Complainants

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3.Subathra ... Respondent No.3/ Defacto-Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, pleased to pass an order of direction to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with Crime No.06 of 2022, dated 19.02.2022, on the file of the respondents by the Special Court for Exclusive Trial of Cases under Section SC/ST (POD) Act, 1989, at Sivagangai.

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For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor (Criminal Side)

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O R D E R

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This Criminal Original Petition has been filed to accept the surrender of the petitioner and direct the learned Special Court for Exclusive Trial of Cases under Section SC/ST (POD) Act, 1989, at Sivagangai, to consider the bail application of the petitioner pertained to the Crime No.06 of 2022 on the file of the second respondent Police on the same day of surrender.

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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 Special Court for Exclusive Trial of Cases under Section SC/ST (POD) Act, 1989, at Sivagangai, to consider the petitioner's bail application, https://hcservices.ecourts.gov.in/hcservices/

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CRL.O.P(MD) No.7933 of 2022

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preferably on the same day of his surrender in connection with Crime No.06 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 petitioner 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 petitioner 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 (AD-II)

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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 Judge, The Special Court for Exclusive Trial of Cases under Section SC/ST (POD) Act, Sivagangai.

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2.The Deputy Superintendent of Police, DSP – Office, Manamadurai - 630606

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3.The Inspector of Police, All Women Police Station, Manamadurai - 630606

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R. SENTHIL KUMAR, Advocate ( SR-21956[F] dated 28/04/2022 )

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Order made in CRL.O.P (MD) No.7933 of 2022 28.04.2022

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kmk(CO)

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GC(29.04.2022) 2P 6C

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

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Vanjith @ Vanjiya Devan v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Vanjith @ Vanjiya Devan 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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