Madras High CourtCRL OP/4217/2024disposed of

Balaji v. State Rep.By

2024-02-23Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4217 of 2024 1.Balaji 2.Manikandan

...Petitioners

Vs.

State Rep. by: The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.

(Crime No.381 of 2024)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court Cuddalore to consider the petitioners bail petition on the same day of their surrender before the Court in connection with the Crime No. 381 of 2023 on the file of the respondent police. For Petitioners : Mr.S.Thirugnanam For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the special Court Cuddalore to consider the petitioners bail petition on the same day of their surrender before the Court in connection with the Crime No.381 of 2023 on the file of the respondent police.

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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 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. 23.02.2024 Index: Yes/No Speaking order/Non-speaking Order ssr Note: Issue Order Copy on 26.02.

To 1.The Special Court Cuddalore.

2.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.4217 of 2024 23.02.2024 4/4