Citation : 2024 Latest Caselaw 2132 Mad
Judgement Date : 1 February, 2024
Crl.O.P.No.1749 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.1749 of 2024
1.Muniyappan
2.Murugan
3.Praveen
4.Sankar
5.S.Vasanthakumar
6.Malligaarjunan
7.Anbalagan
8.R.Pownkumar
9.Kaliyappan
10.Sathish (a) Sathishkumar
11.Ragavan ...Petitioners
Vs.
1.State rep.by
The Deputy Superintendent of Police,
Polur, Tiruvannamalai District.
2.The Inspector of Police, Kadaladi
Police Station, Tiruvannamalai District. ...Respondents
Criminal Original Petition under Section 482 of the Criminal
Procedure Code praying to direct the Principal District & Sessions Judge-
cum-Special Judge for SC/ST Cases, Tiruvannamalai to consider and pass
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.1749 of 2024
order on the petitioners' bail application in connection with Crime No.56 of
2024 on the file of the second respondent police on their surrender.
For Petitioners : Mr.E.Sathiyaraj
For Respondents : Mr.A.Damodaran, APP
ORDER
This Criminal Original Petition has been filed seeking to direct the
Principal District & 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 petitioners on the
same day of their surrender in connection with Crime No.56 of 2024 on the
file of the second respondent police.
2. Today, when the matter is called, the learned counsel for the
petitioners submits that this petition is not pressed as against petitioners 8 to
10. He has also made an endorsement in the bundle today to that effect. This
is recorded.
3. In view of the amendments made in the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity
https://www.mhc.tn.gov.in/judis
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, petitioners 1 to 7 and 11 are 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 his 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 his dependent either in person or through counsel/ legal aid
counsel as mandated under Section 15A(5) of the Act, in compliance with
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
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH,J
rka Note : Issue on 02.2.2024
Index : Yes/No Speaking Order : Yes/No
To
1.The Principal District & Sessions Court/ Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Tiruvannamalai.
2.The Deputy Superintendent of Police, Polur, Tiruvannamalai District.
3.The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.
4.The Public Prosecutor, High Court, Madras.
01.2.2024
https://www.mhc.tn.gov.in/judis
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