Allowed

Elumalai v. the Deputy Superintendent of Police

Madras HC10 May 2023CRL OP/7524/2023

Case brief

AI extract

What is this about?

The High Court of Madras allowed a Criminal Original Petition seeking direction to the District Court to consider the petitioner's bail application on the same day of his surrender. The Court directed surrender within fifteen days, affording opportunity to victims under Section 15-A of the SC/ST (POA) Act.

What did the court decide?

Petitioner directed to surrender within 15 days; District Court directed to consider bail application on same day of surrender.

Elumalai Vs the Deputy Superintendent of Police — Criminal Trial and Appeal | Madras HC (2023)

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Crl.O.P.No.7524 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 Crl.O.P.No.7524 of 2023

Elumalai

... Petitioner

Vs.

The Deputy Superintendent of Police, Office of the Deputy Superintendent, Kallakurichi District.

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State Rep. by The Inspector of Police, Thirupalapandal Police Station, Villupuram District. (Crime No.40 of 2018)

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... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to direct the District Court, Villupuram (Session Judge, Special Court for Exclusive Trial of Cases Register Under SC/ST (POA) Act to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.40 of 2018 on the file of the 2^nd respondent Police.

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For Petitioners : M/s.R.Sasikumar For Respondent : Mr.E.RajThilak, Additional Public Prosecutor for [R.1&R.2]

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

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Crl.O.P.No.7524 of 2023

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O R D E R

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This Criminal Original Petition has been filed seeking direction to

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the District Court, Villupuram, Session Judge, Special Court for Exclusive Trial of Cases Registered under S.C & S.T (POA) Act Cases to consider the

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bail applications proposed to be filed by the petitioner on his surrender in connection with Crime No.40 of 2018 on the file of the respondent police on the same day.

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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 District Court, Villupuram, Session Judge, Special Court for Exclusive Trial of Cases Registered under S.C & S.T (POA) Act Cases to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.40 of 2018 registered for the offence under Sections 147, 148, 341, 294(b), 324, 506(ii) of IPC, read with Section 3(1)(s), 3(2)(Va) of the S.C & S.T (Prevention of Atrocities) Act 1989, on the file of the second

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respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall

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look into the gravity of the offence, previous antecedents of the petitioner

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

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Crl.O.P.No.7524 of 2023

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and pass orders.

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3. The petitioners shall surrender before the concerned Jurisdictional

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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 victims under Section

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15-A of the SC/ST (POA) Act, 1989.

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

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allowed.

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10.05.2023

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Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No shr

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

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Crl.O.P.No.7524 of 2023

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The Deputy Superintendent of Police, Office of the Deputy Superintendent, Kallakurichi District.

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The Inspector of Police, Thirupalapandal Police Station, Villupuram District.

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The District Court, Villupuram, Session Judge, Special Court for Exclusive Trial of Cases Register Under SC/ST (POA) Act.

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

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Crl.O.P.No.7524 of 2023

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SUNDER MOHAN. J,

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shr

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Crl.O.P.No.7524 of 2023

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10.05.2023

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

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Elumalai v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Elumalai 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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