Rajendran vs The State Rep By
2025 Latest Caselaw 4573 Mad

Madras High Court

Rajendran vs The State Rep By on 21 May, 2025

                                                                                            Crl.O.P.No.15530 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 21.05.2025

                                                            CORAM

                                  THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                               Crl.O.P.No.15530 of 2025

                     1.Rajendran
                     2.Karpakam                                                                    ...Petitioners
                                                                 Vs.
                     1. The State Rep by
                       The Deputy Superintendent of Police
                        Namakkal District.

                     2. State Rep by
                        The Inspector of Police
                       Velur Rural Police Station
                       Namakkal District
                       Cr.No.148 of 2025

                     3.Veeran                                                             ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 528 BNSS
                     Act, pleased to direct the learned Principal District and Sessions Judge,
                     Namakkal (Special Judge for SC/ST Act cases) to consider the
                     petitioners' bail application         to be filed          on the same day on their
                     surrender in Cr.No.148 of 2025 pending investigation on the file of the
                     2nd respondent .
                                      For Petitioners         : Mr.Deepanuday
                                       For Respondents         : Mr.S.Vinoth kumar for R1 & R2
                                                                Government Advocate (Crl.Side)


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                                                                                             Crl.O.P.No.15530 of 2025



                                                           ORDER

This Criminal Original Petition has been filed seeking to direct the

learned Principal District and Sessions Judge, Namakkal (Special Judge

for SC/ST Act cases) to consider the petitioners' bail application to be

filed on the same day on their surrender in Cr.No.148 of 2025 pending

investigation on the file of the 2nd respondent .

2. Heard the learned counsel appearing for the petitioners and the

learned Government Advocate (Crl.Side) appearing for the respondents 1

and 2 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 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

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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.

21.05.2025

Index : Yes/No Neutral Citation : Yes/No gv/jai

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N.SENTHILKUMAR.,J gv/jai To

1.The Principal District and Sessions Judge, Namakkal (Special Judge for SC/ST Act cases)

2. The Deputy Superintendent of Police Namakkal District.

3. State Rep by The Inspector of Police Velur Rural Police Station Namakkal District

4.The Public Prosecutor, High Court of Madras, Chennai.

21.05.2025

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