M.Santhosh vs State Rep.By
2024 Latest Caselaw 2134 Mad

Madras High Court

M.Santhosh vs State Rep.By on 1 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                            Crl.O.P.No.1744 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.1744 of 2024

                     1.M.Santhosh
                     2.Parthiban
                     3.Srikanth                                              ...Petitioners
                                                            Vs.
                     1.State rep.by
                       The Deputy Superintendent
                       of Police, Pachal Police Station,
                       Tiruvannamalai District.

                     2.The Sub-Inspector of Police,
                       Tiruvannamalai Police Station,
                       Tiruvannamalai.                                       ...Respondents


                                  Criminal Original Petition under Section 482 of the Criminal

                     Procedure Code praying to direct the learned Special Court for Exclusive

                     Trial of SC & ST Cases, Tiruvannamalai to consider the bail application on

                     the same day for the petitioners in Crime No.542 of 2023.


                                       For Petitioners :     Mr.M.Krishna Moorthy
                                       For Respondents :     Mr.A.Damodaran, APP



                     1/4


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                                                                                 Crl.O.P.No.1744 of 2024

                                                            ORDER

This Criminal Original Petition has been filed seeking to direct the

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 Crime

No.542 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

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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

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

2.The Deputy Superintendent of Police, Pachal Police Station, Tiruvannamalai District.

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

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