Madras High CourtCRL OP/3513/2024disposed of

Manimaran v. The Deputy Superintendent Of Police

2024-02-19Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH

1. Manimaran

2. Indragandhi .. Petitioners Vs.

1. The Deputy Superintendent of Police, Deputy Superintendent of Police, Vriddhachalam, Cuddalore - District.

2. The State Rep.by Inspector of Police, All Woman Police Station, Vriddhachalam, Cuddalore District, Crime No.3 of 2024 ... Respondents PRAYER : The Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Sessions Judge, Special Court for trail of SC/ST (Prevention of Atrocities Amendment Act) at Cuddalore - District

to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.3 of 2024 pending on the file of the All Woman Police Station, Vriddachalam, Cuddalore District. For Petitioners ... Mr.T.Meganathan For Respondents ... Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction, direct the learned Sessions Judge, Special Court for trail of SC/ST (Prevention of Atrocities Amendment Act) at Cuddalore - District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.3 of 2024 pending on the file of the All Woman Police Station, Vriddachalam, Cuddalore District. 2.

Considering the seriousness of the allegation, this petition is dismissed insofar as the 1st petitioner is concerned. 3.

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 2nd 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 compliance with Hariram Bhambhi vs Satyanarayan, reported in 2021 SCC Online SC 1010. 4.

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

Index : Yes/No 19.02.2024 Internet : Yes/No rka Note : Issue order copy on 21.02.2024

To 1.The Deputy Superintendent of Police, Deputy Superintendent of Police, Vriddhachalam, Cuddalore - District.

2. The State Rep.by Inspector of Police, All Woman Police Station, Vriddhachalam, Cuddalore District, Crime No.3 of 2024 2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 19.02.2024