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Thangapandi v. The Deputy Superintendent of Police

Madras HC6 May 2022CRL OP(MD)/8877/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court directed the Special Judge at Srivilliputtur to consider the bail applications of two accused persons on the day of their surrender in a specific crime under the SC/ST Act, mandating victim participation under Section 15(a) and strict adherence to Section 18.

What did the court decide?

Direction to the Special Judge to consider the bail petition on the day of surrender and dispose it on merits after affording due opportunity to the victim under Section 15(a) of the SC/ST Act.

Thangapandi Vs The Deputy Superintendent of Police — Caste Atrocities | Madras HC (2022)

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CRL.O.P (MD) No.8877 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022 CORAM

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THE HONOURABLE MR. JUSTICE M.S.RAMESH CRL.O.P (MD) No.8877 of 2022

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1.Thangapandi

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2.Masanam

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...Petitioners/Accused No.2 & 3

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1.The Deputy Superintendent of Police, Rajapalayam,

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Virudhunagar District.

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2.The Inspector of Police, Seithur Police Station, Virudhunagar District. (Crime No.77 of 2022.) ... Respondents/Complainant

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3.Mookkammal ... 3^rd Respondent/

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Defacto Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/Additional District and Sessions Judge (PCR Unit), Virudhunagar District at Srivilliputtur to consider the bail application of the petitioners on the same day of their surrender in Crime No.77 of 2022 on the file of the respondent police.

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For Petitioners : Mr.S.Muniyandi For R1 and R2 : Mr.Mr.M.Muthumanikkam

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Government Advocate (Crl. side)

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O R D E R

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This petition is filed seeking for a direction to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/Additional District and Sessions Judge (PCR Unit), Virudhunagar District at Srivilliputtur, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.77 of 2022 on the file of the 2^nd respondent.

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2.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 Judge for SC/ST (Prevention of Atrocities) Act/Additional District and Sessions Judge (PCR Unit), Virudhunagar District at Srivilliputtur, to consider the petitioners' bail application, preferably on the https://hcservices.ecourts.gov.in/hcservices/

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CRL.O.P (MD) No.8877 of 2022

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same day of their surrender in connection with Crime No.77 of 2022 on the file of the 2^nd 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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3.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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Vacation Officer/

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Assistant Registrar (Records)

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// True Copy //

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Sub Assistant Registrar(CS)

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sji/RR

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1.The Special Judge for SC/ST (Prevention of Atrocities) Act/ Additional District and Sessions Judge (PCR Unit), Virudhunagar District at Srivilliputtur.

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2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

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3.The Inspector of Police, Seithur Police Station, Virudhunagar District.

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

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Order made in CRL.O.P (MD) No.8877 of 2022 06.05.2022

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srr(CO)

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GC(20.05.2022) 2P 5C

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

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Thangapandi v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Thangapandi 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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