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P. Kuppan and Others Vs. State Represented by the Inspector of Police

P. Kuppan and Others vs State Represented by the Inspector of Police

Type Court Judgment Court Chennai Decided Oct 25, 2012
~2 min read
https://sooperkanoon.com/case/953872

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Crl. O.P.No.26706 OF 2012
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 18 -

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

P. Kuppan and Others

Advocate For the Petitioners: C. Prabhakaran, Advocate. For the Respondent: K. Prabakar, Government Advocate (Crl.Side).

Respondent

State Represented by the Inspector of Police

Excerpt

scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 - section 18 -(prayer: this criminal original petition is filed under section 482 cr.p.c., to direct the learned district and sessions judge, cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in crime no.353 of 2012 on the file of the respondent herein.) this petition has been filed under section 482 cr.p.c., seeking a direction to the learned district and sessions judge, cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in crime no.353 of 2012 on the file of the respondent herein. 2. the petitioners apprehend arrest by the respondent police in respect of the alleged offences under sections 294 (b), 323, 363 ipc r/w 3(i) (x) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989, on the complaint lodged by the defacto complainant one valli, wife of kaliyan, on 30.09.2012. 3. in view of the fact that there is a bar under section 18 of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 to move an anticipatory bail application before the court concerned in respect of the alleged offences under this act, the petitioners have filed the present petition before this court praying for issuance of a direction to the trial court to consider their bail application on their surrender before the said court in respect of a case registered in crime no.353 of 2012 on the file of the respondent police. 4. considering the limited prayer made by the petitioners, this court directs the petitioners to file appropriate bail applications before the learned district and sessions judge, cuddalore on their surrender in crime no.353 of 2012 and it is open to the learned district and sessions judge, cuddalore, to dispose of the said bail applications (if filed), preferably on the same day itself, in accordance with law. 5. with the above direction, this petition is disposed of.

Full Judgment

(Prayer: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned District and Sessions Judge, Cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in Crime No.353 of 2012 on the file of the Respondent herein.)

This petition has been filed under section 482 Cr.P.C., seeking a direction to the learned District and Sessions Judge, Cuddalore to consider the petitioners bail application on their surrender before them in respect of a case registered in Crime No.353 of 2012 on the file of the Respondent herein.

2. The petitioners apprehend arrest by the respondent police in respect of the alleged offences under Sections 294 (b), 323, 363 IPC r/w 3(i) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the complaint lodged by the defacto complainant one Valli, wife of Kaliyan, on 30.09.2012.

3. In view of the fact that there is a bar under Section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to move an anticipatory bail application before the Court concerned in respect of the alleged offences under this Act, the petitioners have filed the present petition before this Court praying for issuance of a direction to the trial Court to consider their bail application on their surrender before the said Court in respect of a case registered in Crime NO.353 of 2012 on the file of the respondent police.

4. Considering the limited prayer made by the petitioners, this Court directs the petitioners to file appropriate bail applications before the learned District and Sessions Judge, Cuddalore on their surrender in Crime NO.353 of 2012 and it is open to the learned District and Sessions Judge, Cuddalore, to dispose of the said bail applications (if filed), preferably on the same day itself, in accordance with law.

5. With the above direction, this petition is disposed of.

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