Selvi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Mrs.Selvi 2.Mrs.Manjula @ Soundarya 3.Mr.Govindaraj

...Petitioners

Vs.

1.The State Rep. by The Deputy Superintendent of Police, 2.The Inspector of Police, All Women Police Station, (Crime No.18 of 2023)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the Principal District and Sessions Judge, Thiruvallur to consider the petitioners bail application to be filed in Crime No.18 of 2023 pending on the file of the 2nd respondent on the same day of their surrender.

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For Petitioners : Mr.A.P.Sathya Murthy For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Principal District and Sessions Judge, Thiruvallur to consider the petitioners bail application to be filed in Crime No.18 of 2023 pending on the file of the 2nd respondent on the same day of their surrender. 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 Sec. 15 A (3) of the Act to the victim or his / her dependent by RPAD / through the respondent police and on such 2/4

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 Sec 15A (5) of the Act, in compliance with Hariram Bhambhi vs Satyanarayan, reported in 2021 SCC Online SC 1010.

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

22.01.2024 Index: Yes/No Speaking order/Non-speaking Order ssr Note:Issue Order Copy on 23.01.2024 To 1.The Principal District and Sessions Judge, Thiruvallur. 2.The Deputy Superintendent of Police, 3/4

N.ANAND VENKATESH, J ssr 3.The Inspector of Police, All Women Police Station, 4.The Public Prosecutor, High Court, Madras.

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