Ashokkumar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ashok Kumar S/o.K.C.Raju

...Petitioner

Vs.

1.The State represented by The Deputy Superintendent of Police, Mammallpuram Division, Chengelpet District.

2.Selvakumar S/o.Kandasamy

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the Principal District Judge, Special Court for SC/ST Act cases, Chengelpet, to consider the bail petition on the same day of surrender of the petitioner in Crime No.118 of 2024 pending on the file of first respondent. For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

ORDER

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This petition has been filed seeking a direction to the Principal District Judge, Special Court for SC/ST Act cases, Chengelpet, to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.118 of 2024 on the file of the first 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 petitioner is 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 through counsel / legal aid counsel as mandated under Sec 15A (5) of the Act, in 2/4

compliance with Hariram Bhambhi vs Satyanarayan, reported in 2021 SCC Online SC 1010.

This Criminal Original Petition is disposed of with the above direction.

13.02.2024 Note: Issue today [13.02.2024] Index: Yes/No Speaking order/Non-speaking Order gm To 1.The Deputy Superintendent of Police, Mammallpuram Division, Chengelpet District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 13.02.2024 4/4