Arumugam v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2854 of 2024 1.Arumugam 2.Balasurya @ Naveen Kumar 3.Vasanthamani

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Coimbatore.

2.State Rep. by: The Sub Inspector of Police, Sulur Police Station, Coimbatore District.

(Crime No.58 of 2024)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the learned Special Court for exclusive trial of SC and ST Act, Coimbatore to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.58 of 2024 on the file of the 2nd respondent police on the same day itself.

[Prayer amended vide order dated 12.02.2024 in Crl.M.P.No.2346 of 2024 in Crl.O.P.No.2854 of 2024] 1/4

For Petitioners : Mr.J.Franklin For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Special Court for exclusive trial of SC and ST Act, Coimbatore to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.58 of 2024 on the file of the 2nd respondent police on the same day itself.

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 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 2/4

through counsel/ legal aid counsel as mandated under Section 15A(5) of the Act, in compliance with the judgment in the case of Hariram Bhambhi vs Satyanarayan [reported in 2021 SCC Online SC 1010]. 3.This Criminal Original Petition is disposed of with the above directions. 12.02.2024 Index: Yes/No (2/2) Speaking order/Non-speaking Order ssr Note: Issue Order Copy on 13.02.2024 To 1.The Deputy Superintendent of Police, Coimbatore.

2.State Rep. by: The Sub Inspector of Police, Sulur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr CRL.O.P No.2854 of 2024 12.02.2024 (2/2) 4/4