Tamizhselvan vs The Deputy Superintendent Of
2024 Latest Caselaw 2137 Mad

Madras High Court

Tamizhselvan vs The Deputy Superintendent Of on 1 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                               Crl.O.P.No.1844 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.1844 of 2024

                     Tamizhselvan                                               ...Petitioner
                                                                Vs.
                     1.The Deputy Superintendent of
                       Police, Vellore District.

                     2.State rep.by
                       The Inspector of Police,
                       Vellore Taluk Police Station,
                       Vellore District.

                     3.Divakar                                                  ...Respondents


                                  Criminal Original Petition under Section 482 of the Criminal

                     Procedure Code praying to direct the Special Court for SC/ST Case, Vellore

                     District to consider the bail application on the same day on surrender of the

                     petitioner with respect to Crime No.411 of 2023 pending on the file of the

                     second respondent police.

                                       For Petitioner      :     Mr.T.Meganathan
                                       For R1 & R2         :     Mr.A.Damodaran, APP


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.1844 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, Vellore District to consider the bail

application of the petitioner on the same day of his surrender in Crime No.

411 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

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

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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
                     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, Vellore District.

2.The Deputy Superintendent of Police, Vellore District.

3.The Inspector of Police, Vellore Taluk Police Station, Vellore 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