Madras High Court
Sakthivel vs State Rep.By on 8 May, 2025
2025:MHC:1159
Crl.O.P.No.14541 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.14541 of 2025
1. Sakthivel
2. Chinnasamy
3. Paramasivan ... Petitioners
Vs.
State Rep.by:
1.The Deputy Superintendent of Police,
Denkanikottai,
Krishnagiri District.
2.The Sub Inspector of Police,
Kelamangalam Police Station,
Krishnagiri District.
(Crime No.129 of 2025) ... Respondents
PRAYER: Criminal Original Petition is filed under Section 528 BNSS
Act, pleased to direct the District & Sessions Court, Krishnagiri (Special
Judge for S.C & S.T Act) to consider their surrender and pass appropriate
orders on the bail application filed by the petitioners on the same day in
connection with Crime No.129 of 2025 on the file of respondent police.
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Crl.O.P.No.14541 of 2025
For Petitioners : Mr.P.Udhayasuriyan
For Respondents : Mr.K.M.D.Muhilan,
1, 2 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to direct the
District & Sessions Court, Krishnagiri (Special Judge for S.C & S.T Act)
to consider their surrender and pass appropriate orders on the bail
application filed by the petitioners on the same day in connection with
Crime No.129 of 2025 on the file of respondent police.
2. Heard the learned counsel appearing for the petitioner and
the learned Additional Public Prosecutor appearing for the State and
perused the materials available on record.
3. 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-
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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 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].
4. This Criminal Original Petition is disposed of to the extent
indicated above.
08.05.2025
Index : Yes/No
Neutral Citation : Yes/No
rna
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To
1.The District and Sessions Judge (Special Judge
for SC / ST Act, Krishnagiri.
2.The Deputy Superintendent of Police,
Denkanikottai,
Krishnagiri District.
3.The Sub Inspector of Police,
Kelamangalam Police Station,
Krishnagiri District.
4.The Public Prosecutor,
High Court of Madras,
Chennai.
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L.VICTORIA GOWRI,J.
rna
08.05.2025
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