Madras High CourtCRL OP/1174/2024disposed of

G.Aadhi v. The Deputy Superintendent Of Police

2024-01-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Aadhi 2.S.Pavaadai

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

2.The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the learned District & Sessions Court-cumSpecial Court for SC/ST Act Cases at Villupuram to consider the bail petition filed by the petitioners on the same day in Crime No.427 of 2023 dated 14.12.2023 on the file of the Inspector of Police, Varanjaram Police Station, Kallakurichi District.

For Petitioners :

Mr.P.Rajavel For Respondents :

Mr.A.Damodaran, APP

ORDER

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This Criminal Original Petition has been filed seeking to direct the District & Sessions Court/Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram to consider the bail petitions of the petitioners on the same day of their surrender in Crime No.427 of 2023 on the file of the second respondent. 2.2. 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 appearin 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.

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.

29.1.2024 Note : Issue on 30.1.2024 Index : Yes/No Speaking Order : Yes/No To 1.The District & Sessions Court/ Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram.

2.The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court, Madras.

rka N.ANAND VENKATESH,J rka 3/4

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