C.Suganya vs The State Rep.By
2024 Latest Caselaw 5089 Mad

Madras High Court

C.Suganya vs The State Rep.By on 4 March, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                 Crl.O.P.No.5082 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 04.3.2024

                                                              CORAM

                              THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.5082 of 2024

                     C.Suganya                                                     ...Petitioner
                                                               Vs.
                     The State rep.by
                     The Inspector of Police,
                     Mailam Police Station,
                     Villupuram District.                                          ...Respondent



                                  Petition under Section 482 of the Criminal Procedure Code praying to
                     direct the learned Principal Sessions Judge, Villupuram/Special Court,
                     Villupuram District to consider the bail application of the petitioner on the
                     same day of surrender pertaining to Crime No.1140 of 2023 on the file of
                     Mailam Police Station, Villupuram District.

                                        For Petitioner    :     Mr.S.Jeganathan
                                        For Respondent    :     Mr.A.Damodaran, APP

                                                              ORDER

This Criminal Original Petition has been filed seeking to direct the

Principal Sessions Court (Special Court for Exclusive Trial of Cases

https://www.mhc.tn.gov.in/judis

registered under the SC/ST (Prevention of Atrocities) Act), Villupuram to

consider the bail application of the petitioner on the same day of her

surrender in Crime No.1140 of 2023 on the file of the respondent.

2. In view of the amendments made in the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 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 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 counsel as mandated under Section

15A(5) of the Act, in compliance of the judgment in the case of Hariram

Bhambhi Vs. Satyanarayan [reported in 2021 SCC Online SC 1010].

https://www.mhc.tn.gov.in/judis

3. This Criminal Original Petition is disposed of with the above

directions.

                                                                                          04.3.2024
                     Note : Issue on 05.3.2024

                     Index      : Yes/No
                     Speaking Order : Yes/No

                     To

1.The Principal Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram.

2.The Inspector of Police, Mailam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

ssr

https://www.mhc.tn.gov.in/judis

N.ANAND VENKATESH,J

ssr

04.3.2024

https://www.mhc.tn.gov.in/judis