Allowed

Muthusamy Selvam v. The Deputy Superintendent of Police

Madras HC31 Jan 2023CRL OP(MD)/266/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a Crl.O.P. under Section 482 Cr.P.C. directing the trial court to consider the petitioner's bail application on the day of his surrender. The court emphasized the mandatory bar in the SC/ST Act and the need to afford the victim an opportunity before granting bail.

What did the court decide?

Directed the Additional District and Sessions Judge to consider the petitioner's bail application on the day of his surrender, complying with the bar under Section 18 of the SC/ST Act by affording the

Muthusamy Selvam Vs The Deputy Superintendent of Police — Caste Atrocities | Madras HC (2023)

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Crl.O.P.(MD)No.266 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 31.01.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.266 of 2023

Muthusamy Selvam,

: Petitioner

The Deputy Superintendent Of Police, Mellur, Madurai District.

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The Sub Inspector of Police, Keelavalavu Police Station, Madurai District (Crime No.323 of 2022).

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M.Kumaresan,

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: Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District and Sessions Judge (PCR Act Cases), Madurai, Madurai District, to consider the petitioner's bail application on the same day which would be filed by the petitioner's in connection with the Crime No.323 of 2022, on the file of the second respondent police.

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

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Crl.O.P.(MD)No.266 of 2023

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For Petitioner : Mr.G.Kannan For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned III Additional District and Sessions Judge (PCR Act Cases), Madurai, Madurai District, to consider the petitioner's bail application on the same day which will be filed by the petitioner in connection with the Crime No.323 of 2022, on the file of the second respondent police.

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The petitioner is an accused for the offences punishable under

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Sections 147, 148, 448, 294(b), 323, 324, 427 and 506(2) IPC r/w Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.323 of 2022, pending on the file of the second respondent police and apprehending arrest, the petitioner has filed the present petition.

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

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Crl.O.P.(MD)No.266 of 2023

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Heard the learned counsel appearing for the petitioner, the

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learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record.

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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 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned III Additional District and Sessions Judge (PCR Act Cases), Madurai, Madurai District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.323 of 2022 on the file of the second respondent police 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 petitioner 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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.266 of 2023

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It is needless to say that the Court below while disposing the

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bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

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With the above direction, this Criminal Original Petition stands

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allowed.

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31.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No lr

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

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Crl.O.P.(MD)No.266 of 2023

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1.The III Additional District and Sessions Judge (PCR Act Cases), Madurai.

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The Deputy Superintendent Of Police, Mellur, Madurai District.

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The Sub Inspector of Police, Keelavalavu Police Station, Madurai District

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

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

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Crl.O.P.(MD)No.266 of 2023

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K.MURALI SHANKAR,J.

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Order made in Crl.O.P.(MD)No.266 of 2023

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Dated: 31.01.2023

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

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Muthusamy Selvam v. The Deputy Superintendent of Police

Case brief

What is this about?

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Muthusamy Selvam v. The Deputy Superintendent of Police

Case brief

What is this about?

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