Madras High CourtCRL OP/3159/2024disposed of

Ramesh Babu @ Kuttiyappan v. Deputy Superintendent Of Police

2024-02-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.02.2024

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.3159 of 2024 1.Ramesh Babu@Kuttiyappan 2.Purusothaman 3.Baskar @ Ramesh .. Petitioners Vs.

1.The Deputy Superintendent of Police, Ambur Sub Division, Tirupattur District 635 802.

2.State rep.by .The Inspector of Police, Omerabad Police Station, Tirupattur District.

(Cr.No.51/2024) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Judge, Special Court for Exclusive Trial of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act Cases, Vellore District, to consider the bail application of their surrender in Cr.No.51 of 2024 on the file of the respondent Police.

For Petitioners : Mr.T.Dhasarathan For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1\4

ORDER

This Criminal Original Petition has been filed seeking a direction, to the learned Special Judge, Special Court for Exclusive Trial of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act Cases, Vellore District, to consider the bail application of the petitioners herein on the very day of surrender pertaining to the Crime No.51 of 2024 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 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 2\4

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.

14.02.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka Note : Issue order copy on 15.02.2024 3\4

N. ANAND VENKATESH,J rka To

1. The Special Judge, Special Court for Exclusive Trial of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act Cases, Vellore District.

2.The Deputy Superintendent of Police, Ambur Sub Division, Tirupattur District 635 802.

3.The Inspector of Police, Omerabad Police Station, Tirupattur District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3159 of 2024 14.02.2024 4\4