Allowed

Sekar @ Chandrasekar v. The Deputy Superintendent of Police

Madras HC28 Apr 2022CRL OP(MD)/8159/2022

Case brief

AI extract

What is this about?

The Court directed the Sessions Judge (PCR Court), Karur, to consider a bail application filed by petitioners on the same day of the case, owing to specific provisions of the SC/ST Act. The Court empowered a direction as such to ensure justice and prevent misuse against innocent persons.

What did the court decide?

Direction to the Sessions Judge (PCR Court) to consider the bail petition on the same day of the petitioners' surrender in connection with Crime No.209 of 2022.

Sekar @ Chandrasekar Vs The Deputy Superintendent of Police — Caste Atrocities | Madras HC (2022)

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CRL.O.P(MD) No.8159 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD) No.8159 of 2022

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1.Sekar @ Chandrasekar

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2.Divya @ Preetha

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3.Ajith @ Ajith Kumar

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... Petitioners

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1.The Deputy Superintendent of Police, Karur Division, Karur District.

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2.The Sub-Inspector of Police, Thanthonimalai Police Station, Karur District.

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3.Pramiladevi

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... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge (PCR Court), Karur to consider the bail petition on the same day filed by the petitioners in Crime No.209 of 2022 on the file of the second respondent for the offence under Sections 294(b), 324, 506(ii) IPC read with Sections 3 (1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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For Petitioners : Mr.S.Gokulraj 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 direct the learned Sessions Judge (PCR Court), Karur, to consider the bail petition on the same day filed by the petitioners in Crime No.209 of 2022 on the file of the second respondent for the offence under Sections 294(b), 324, 506(ii) IPC read with Sections 3(1)(r), 3(1) (s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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

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CRL.O.P(MD) No.8159 of 2022

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misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Sessions Judge (PCR Court), Karur, to consider the bail petition on the same day filed by the petitioners in Crime No to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.209 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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