Saranya vs State Rep.By
2024 Latest Caselaw 2133 Mad

Madras High Court

Saranya vs State Rep.By on 1 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                 Crl.O.P.No.1763 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.1763 of 2024

                     1.Saranya
                     2.Thangamani                                                  ...Petitioners
                                                               Vs.
                     1.State rep.by
                       The Deputy Superintendent of Police,
                       Rasipuram Sub-Division, Namakkal District.

                     2.The Inspector of Police, Namagiripet
                       Police Station, Namakkal District.                          ...Respondents

                                  Criminal Original Petition under Section 482 of the Criminal

                     Procedure Code praying to direct the Principal District & Sessions Judge/

                     Special Court for SC/ST Cases, Namakkal to accept the surrender of the

                     petitioners and to consider the bail petition on the same day in Crime No.

                     309 of 2023 on the file of the second respondent police.


                                        For Petitioners :     Mr.C.Deepak Kumar
                                        For Respondents :     Mr.A.Damodaran, APP
                                                            ORDER

This Criminal Original Petition has been filed seeking to direct the

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Principal District & Sessions Court/Special Court for Exclusive Trial of

Cases registered under the SC/ST (Prevention of Atrocities) Act, Namakkal

to accept the surrender of the petitioners and to consider the bail petition on

the same day in Crime No.309 of 2023 on the file of the second respondent

police.

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 petitioners 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

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

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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
                     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, Namakkal.

2.The Deputy Superintendent of Police, Rasipuram Sub-Division, Namakkal District.

3.The Inspector of Police, Namagiripet Police Station, Namakkal 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