Mani @ Manikandan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Mani (a) Manikandan 2.Selvakumar

...Petitioners

Vs.

The State rep.by The Inspector of Police, Karumandurai Police Station, Salem District.

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the District & Sessions Court (Special Judge for SC/ST Act), Salem to consider the petitioners' surrender and pass an appropriate order on the bail application filed by the petitioners on the same day itself in connection with Crime No.117 of 2023 on the file of Karumandurai Police Station, Salem District.

For Petitioners :

Mr.T.Ganesan For Respondent :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the District & Sessions Court/Special Court for Exclusive Trial of Cases 1/4

registered under the SC/ST (Prevention of Atrocities) Act, Salem to consider the bail application of the petitioners on the same day of their surrender in Crime No.117 of 2023 on the file of the respondent.

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. 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 Sec 15A (5) of the Act, in compliance with Hariram Bhambhi vs Satyanarayan, reported in 2021 SCC Online SC 2/4

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, Salem.

2.The Inspector of Police, Karumandurai Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

rka 3/4

N.ANAND VENKATESH,J rka 29.1.2024 4/4