Sudhakar v. Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.02.2024
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2562 of 2024
1. S.Sudhakar
2. S.Guna
3. M.Jayalakshmi .. Petitioners Vs.
1. The State Rep. By The Sub Inspector of Police, Pachal Police Station, Thiruvannamalai.
2. State Rep. By Deputy Superintendent of Police, Pachal Police station limit, Thiruvannamalai.
3. Sumathi .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Courts for SC/ST (Prevention of Atrocities) Act Cases, Thiruvannamalai, to accept the surrender of petitioners and consider their bail application on the same day in connection with Crime No.542 of 2023 registered under Section 147, 148, 294(b), 323, 1\5
324, 427, 506(ii) of IPC and U/s.3(1)(r), 3(1) (s) and 3 (2) (Va) of the SC and ST (Prevention of Atrocities) Amendment Act 2015, dated 10.12.2023 pending investigation on the file of th 1st respondent. For Petitioner : Mr.S.Xavier Felix For Respondents : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking a direction, to the learned Special Courts for SC/ST (Prevention of Atrocities) Act Cases, Thiruvannamalai, to consider the bail application of the petitioner herein on the very day of surrender pertaining to the Crime No.542 of 2023 on the file of the respondent police.
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 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 2\5
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 1010.
3. This Criminal Original Petition is disposed of with the above directions.
09.02.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka Note : Issue order copy on 12.02.2024 3\5
N. ANAND VENKATESH,J rka To 1.
The Special Courts for SC/ST (Prevention of Atrocities) Act Cases, Thiruvannamalai.
2.
The State Rep. By The Sub Inspector of Police, Pachal Police Station, Thiruvannamalai.
3.
State Rep. By Deputy Superintendent of Police, Pachal Police station limit, Thiruvannamalai.
4.
The Public Prosecutor, High Court, Madras.
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