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Muniyappan vs State Rep.By
2024 Latest Caselaw 2132 Mad

Citation : 2024 Latest Caselaw 2132 Mad
Judgement Date : 1 February, 2024

Madras High Court

Muniyappan vs State Rep.By on 1 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                            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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