Venkatesan vs The Superintendent Of Police
2024 Latest Caselaw 2131 Mad

Madras High Court

Venkatesan vs The Superintendent Of Police on 1 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                 Crl.O.P.No.1518 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 01.2.2024

                                                            CORAM

                              THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.1518 of 2024

                     Venkatesan                                                    ...Petitioner
                                                               Vs.
                     1.The Superintendent of Police,
                       Vengikkal, Tiruvannamalai District.

                     2.The Sub-Inspector of Police,
                       Tiruvannamalai Taluk Police Station,
                       Tiruvannamalai District.

                     3.Jothilakshmi, Teacher in Panchayat
                       Union Middle School, V.Nammiyandal
                       Village.                                                     ...Respondents

                                  Criminal Original Petition under Section 482 of the Criminal
                     Procedure Code praying to direct the learned Sessions Judge, Special Court
                     for Trial under SC/ST Act, Tiruvannamalai to consider the bail application
                     of the petitioner on the same day of surrender in Crime No.799 of 2023 on
                     the file of the second respondent police station.

                                  For Petitioner    :      Mr.E.V.Chandru (a) E.Chandrasekaran
                                  For R1 & R2       :      Mr.A.Damodaran, APP
                                                            ORDER

This Criminal Original Petition has been filed seeking to direct the

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Sessions Court, Special Court for Exclusive Trial of Cases registered under

the SC/ST (Prevention of Atrocities) Act, Tiruvannamalai to consider the

bail application of the petitioner on the same day of his surrender in Crime

No.799 of 2023 on the file of the second respondent.

2. In view of the amendments made in the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity

hereinafter referred to as the Act), this Court is of the view that the usual

directions that were issued by this Court cannot be issued routinely in all

cases. Therefore, the petitioner is directed to appear in-person before the

Special Court within a period of two weeks from the date of receipt of a

copy of this order. The Special Court shall order reasonable, accurate and

timely notice as mandated under Section 15A(3) of the Act to the victim or

her dependent by RPAD/through the respondent police and on such service

of notice, the learned Special Judge shall deal with the matter as

expeditiously as possible on merits and in accordance with law, after hearing

the victim or her dependent either in person or through counsel/ legal aid

counsel as mandated under Section 15A(5) of the Act, in compliance with

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the judgment in the case of Hariram Bhambhi Vs. Satyanarayan [reported

in 2021 SCC Online SC 1010].

3. This Criminal Original Petition is disposed of with the above

directions.

01.2.2024 Note : Issue on 02.2.2024

Index : Yes/No Speaking Order : Yes/No

To

1.The Sessions Court/Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Tiruvannamalai.

2.The Superintendent of Police, Vengikkal, Tiruvannamalai District.

3.The Sub-Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

rka

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

N.ANAND VENKATESH,J

rka

01.2.2024

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