The High Court directed the Special Court at Ariyalur to consider the petitioners' bail application on the same day of their surrender for a crime registered under the SC/ST Atrocities Act and IPC, complying with Section 18 of the Act.
Direction to the Special Court to consider the petitioners' bail application on the same day of surrender.
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Crl OP No.8165 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No. 8165 of 2023
1.Gurunathan
... Petitioners
Versus
PRAYER : Criminal Original Petition has been filed under Section
482 of the Criminal Procedure Code, to direct the learned Principal
District & Sessions Judge (Special Court under SC & ST Atrocities
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Crl OP No.8165 of 2023
Act) at Ariyalur, Ariyalur District to accept the surrender of the
petitioners herein concerned in Crime No.61 of 2023 pending on the
file of the Inspector of Police, T.Palur Police Station, Ariyalur District and consider the bail petition on the same day itself.
For Petitioner : Mr.K.Balu : For Respondents Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition has been filed seeking
direction to the learned Principal District and Sessions Judge, ( Special Court under SC and ST Atrocities Act), Ariyalur, Ariyalur District 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.61 of 2023 on the file of the second respondent herein.
2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
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Act, 1989 and also taking into consideration of the facts of the case,
there shall be a direction to the learned learned Principal District and Sessions Judge, (Special Court under SC and ST Atrocities Act), Ariyalur, Ariyalur District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.61 of 2023 registered for the offence under Sections 341, 294(b), 323, 506(ii), 379 IPC and Sections 3 (1) (r), 3(1)(s), 3(2)(va) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Amendment Act, 2015, on the file of the 2 nd 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 antecedents of the petitioner and pass orders.
3. The petitioner shall surrender before the concerned
Jurisdictional Court, within a period of fifteen days from the date of receipt of a copy of this Order, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989.
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4. In view of the above, the Criminal Original Petition stands
allowed. No costs.
13.04.2023
kkn
Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No
To
1. The Deputy Superintendent of Police, Ariyalur, Ariyalur District.
2. The Inspector of Police, T.Palur Police Station, Ariyalur District.
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Crl OP No.8165 of 2023
SUNDER MOHAN, J
kkn
Crl.O.P.No. 8165 of 2023
13.04.2023
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1 issue framed by the court
Whether the High Court should direct the Special Court to consider the petitioners' bail application on the same day of their surrender.
3 provisions across 2 enactments
Gurunathan
Mohan @ Gundumani
The Deputy Superintendent of Police, Ariyalur
The State represented by Inspector of Police, T.Palur Police Station
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
