Vengatesan vs The Deputy Superintendent Of Police
2024 Latest Caselaw 7327 Mad

Madras High Court

Vengatesan vs The Deputy Superintendent Of Police on 28 March, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 28.03.2024

                                                        CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                CRL.O.P No.7599 of 2024

            Vengatesan                                                                   ...Petitioner

                                                          Vs.

            1.The Deputy Superintendent of Police,
              Vaniyambadi,
              Tirupattur District.

            2.The Inspector of Police,
              Alangayam Police Station,
              Vaniyambadi Taluk,
              Tirupattur District.
              (Crime No.106 of 2024)

            3.Krishnamoorthy                                                          ...Respondents

            PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure
            Code, to direct the learned Sessions Judge, Special Judge for SC/ST Act, Vellore,
            Vellore District to accept the surrender and consider the petitioner's bail application
            on the same day in Crime No.106 of 2024 on the file of the Alangayam Police
            Station, Vaniyambadi Taluk, Tiruapattur District.


                                      For Petitioners   : Mr.S.Gopinath

                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor for R1 & R2

                                                        ORDER

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

This Criminal Original Petition has been filed seeking to direct the learned

Sessions Judge, Special Judge for SC/ST Act, Vellore, Vellore District to accept the

surrender and consider the petitioner's bail application on the same day in Crime

No.106 of 2024 on the file of the Alangayam Police Station, Vaniyambadi Taluk,

Tiruapattur District.

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 Sec. 15 A (3) of the Act to the victim or his/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 his/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].

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

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

28.03.2024

Index: Yes/No Speaking order/Non-speaking Order Neutral Citation: Yes/No ssr

Note: Issue Order Copy on 01.04.2024

To

1.The Sessions Judge, Special Judge for SC/ST Act, Vellore, Vellore District.

2.The Deputy Superintendent of Police, Vaniyambadi, Tirupattur District.

3.The Inspector of Police, Alangayam Police Station, Vaniyambadi Taluk, Tirupattur District.

4.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH, J

ssr

28.03.2024

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