Murugan v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.2.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Murugan 2.Dillibabu 3.Yogi (a) Yogeshwaran 4.Jeeva (a) Jeevanathan 5.Poovarasan (a) Poovarasan Murthi 6.Nandhakumar 7.Dinesh (a) Dinesh Kumar 8.Kala (a) Kalavathi 9.Usha (a) Usharani 10.Durga (a) Durgadevi

...Petitioners

Vs.

1.The Deputy Superintendent of Police, H5 New Washermenpet Police Station, Chennai-81.

2.The State rep.by The Inspector of Police, N2 Kasimedu Police Station, Chennai-13.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the learned Principal District & Sessions Judge at Chennai to consider the bail application of the petitioners on the 1/4

same day on merits in the event of their surrender in connection with Crime No.50 of 2024 on the file of the second respondent. For Petitioners :

Mr.G.Ezhil Balaji For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal District & Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act), Chennai to consider the bail application of the petitioners on the same day of their surrender in Crime No.50 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 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 Section 15A(3) of the Act to the victim or his dependent by RPAD/through 2/4

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].

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 Principal District & Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act), Chennai.

2.The Deputy Superintendent of Police, H5 New Washermenpet Police Station, Chennai-81.

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N.ANAND VENKATESH,J ssr 3.The Inspector of Police, N2 Kasimedu Police Station, Chennai-13.

4.The Public Prosecutor, High Court, Madras.

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