Allowed

E.Ramesh v. Superintendent of Police

Madras HC10 May 2023CRL OP/10934/2023

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition directing the Special Court for SC/ST Act Cases to consider the petitioner's bail application on the same day of his surrender, subject to victim hearing under Section 15-A.

What did the court decide?

Direction to the Special Court to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.526 of 2022.

E.Ramesh Vs Superintendent of Police — Pension and Retirement Benefits | Madras HC (2023)

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Crl OP No.10934 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.05.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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Crl.O.P.No. 10934 of 2023

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E.Ramesh ... Petitioner

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Versus

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1. The State rep by, The Superintendent of Police, Kanchipuram, Collectorate Buildings, Kanchipuram – 631 501.

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2. The State rep by, The Inspector of Police, Baluchettychatram Police Station, Kancheepuram District. Crime No.526 of 2022 ... Respondents

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PRAYER : Criminal Original Petition has been filed under Section

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482 of the Criminal Procedure Code, to direct the learned Principal

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District and Sessions Judge, (Special Court for SC/ST Act) at Chengalpet, Kancheepuram, to accept the surrender of the petitioner

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in connection with Crime Number 526 of 2022 on the file of the

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https://www.mhc.tn.gov.in/judis

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Crl OP No.10934 of 2023

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respondent police for the offences under Sections 294(b), 506(2)

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IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to consider the same and pass orders in the bail application to be filed by the

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petitioner on the same day.

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For Petitioner : Mr. N.Sivaprakash : For Respondents Mr. S.Balaji Government Advocate (Crl. Side)

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O R D E R

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This Criminal Original Petition has been filed seeking

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direction to the learned Principal District and Sessions Judge, (Special Court for SC/ST Act) at Chengalpet, Kancheepuram, to consider the bail application proposed to be filed by the petitioner on his surrender in connection with Crime No.526 of 2022 on the file of

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the second respondent police on the same day.

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Crl OP No.10934 of 2023

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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 of the facts of the case, there shall be a direction to the Special Court for S.C & S.T Act Cases, Chengalpet, Kanchipuram District to consider the petitioners' bail application on the same day of his surrender in connection with Crime No.526 of 2022 registered for the offence under Sections 294(b), 506(2) of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the file of the second respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedent of the petitioner and pass orders.

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3. The petitioner shall surrender before the concerned

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Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989,

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Crl OP No.10934 of 2023

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

allowed. No costs.

10.05.2023

drl

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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1.The Principal District and Sessions Judge, Special Court for SC/ST Act, Chengalpet, Kanchipuram District.

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2. The Superintendent of Police, Kanchipuram, Collectorate Buildings, Kanchipuram – 631 501.

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3. The Inspector of Police, Baluchettychatram Police Station, Kancheepuram District.

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4.The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis

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Crl OP No.10934 of 2023

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SUNDER MOHAN, J

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drl

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Crl.O.P.No. 10934 of 2023

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10.05.2023

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E.Ramesh v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

E.Ramesh v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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