Pachaiyammal v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HONOURABLE Mr.JUSTICE G.R.SWAMINATHAN 1.Pachaiyammal 2.Ramalingam 3.Govindammal ... Petitioners Vs.

1.State Rep.by The Deputy Superintendent of Police, Krishnagiri District.

2.The State Rep.by The Inspector of Police, AWPS-Uthangarai Police Station, Krishnagiri District.

Crime No.31 of 2024 3.Murugammal ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the Special Court for SC & ST Act cases, Krishnagiri to consider the bail application of the petitioners concerned in Crime No.31 of 2024 on the file of the Inspector of Police, AWPS-Uthangarai Police Station, Krishnagiri District, on their surrender on the same day. For Petitioners : Mr.R.Parthiban 1/4

For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

Heard, the learned counsel on either side. The petitioners are figuring as Accused 2, 5 & 6 in Crime No.31 of 2024, on the file of the respondent police, for the offences under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Sections 5(1), 6 of Prohibition of Child from Sexual Offences Act, 2012 and Sections 3(2)(V) of SC/ST (POA) Amendment Act, 2015.

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Special Court for SC & ST Act cases, Krishnagiri, shall deal with the matter on the same day on merits and in accordance with law. The notice to the victim under Section 15(A) of the SC/ST Act can be issued in advance by informing his date of surrender by the petitioners. The postal receipt and the acknowledgement card / returned cover shall be enclosed 2/4

with the surrender petition. Notice shall be sent by the petitioners to the last known correct address of the victim.

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

17.01.2025 Index : Yes/No rpl To 1.The Special Court for SC & ST Act cases, Krishnagiri. 2.The Deputy Superintendent of Police, Krishnagiri District.

3.The Inspector of Police, AWPS-Uthangarai Police Station, Krishnagiri District.

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

G.R.SWAMINATHAN,J rpl 3/4

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