Karthikeyan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Karthikeyan S/o.Murugavel 2.Rajadurai S/o.Murugavel 3.Prakash S/o.Elayaraja
...Petitioners
Vs.
1.The State represented by its Deputy Commissioner of Police, Neyveli, Cuddalore District.
2.The State represented by its Inspector of Police, Kurinjipadi Police Station, Cuddalore District.
Crime No.29 of 2024 3.Ranjith S/o.Ramesh
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned Sessions Judge, 1/4
Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act, 1989, Cuddalore, to accept the surrender of the petitioners in connection with Crime No.29 of 2024 on the file of respondent and consider the bail application on the same day. For Petitioners : Mr.Om Sai Ram For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****
ORDER
This petition has been filed seeking a direction to the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act, 1989, Cuddalore, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.29 of 2024 on the file of the second 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 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 2/4
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 1010.
This Criminal Original Petition is disposed of with the above direction.
07.02.2024 Index: Yes/No Speaking order/Non-speaking Order gm Note: Issue order copy by 08.02.2024 3/4
N.ANAND VENKATESH, J gm To 1.The Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act, 1989, Cuddalore.
2.The Deputy Commissioner of Police, Neyveli, Cuddalore District.
3.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.
Crime No.29 of 2024 4.The Public Prosecutor, High Court, Madras.
07.02.2024 4/4