Palanisamy v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.2.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Palanisamy

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Sankari Sub-Division, Salem District.

2.The Inspector of Police, Attayampatty Police Station, Salem District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Sessions Judge (Special Judge for SC/ST Act Cases), Salem to consider the bail petition in Crime No.11 of 2024 on the file of the Inspector of Police, Attayampatty Police Station, Salem District.

For Petitioner :

Mr.B.Vasudevan For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the Sessions Court (Special Court for Exclusive Trial of Cases registered under 1/4

the SC/ST (Prevention of Atrocities) Act), Salem to consider the bail petition of the petitioner on the same day of his surrender in Crime No.11 of 2024 on the file of the second respondent.

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 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 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 Section 15A(3) of the Act to the victim or his 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 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]. 2/4

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

29.2.2024 Note : Issue on 01.3.2024 Index : Yes/No Speaking Order : Yes/No To 1.The Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act), Salem.

2.The Deputy Superintendent of Police, Sankari Sub-Division, Salem District.

3.The Inspector of Police, Attayampatty Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

ssr 3/4

N.ANAND VENKATESH,J ssr 29.2.2024 4/4