Selvi v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. Selvi

2. Govindammal

3. Govindaraj

4. Gunasekaran

5. Sidhayee ... Petitioners Vs.

1. State Rep.by Inspector of Police, Kolathur Police Station, Mettur Taluk, Salem District.

(Crime No.56 of 2024)

2. The Deputy Superintendent of Police, Mettur Police Sub Division, Mettur Dam, Salem District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned Principal and District Sessions Judge Salem, Salem District to accept the surrender of the above named Petitioners herein in Crime No.56 of 2024 on the file of 1/4

Inspector of Police, Kolathur Police Station, Mettur Taluk Salem District and consider their Bail Petition on the same day itself. For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) *****

ORDER

This petition has been filed seeking a direction to the learned Principal and District Sessions Judge Salem, Salem District to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.56 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 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 2/4

and timely notice as mandated under Sec. 15 A (3) of the Act to the victim or his / her / their dependent by RPAD / through the respondents 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 /their 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.

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

01.03.2024 Index: Yes/No Speaking order/Non-speaking Order adl Note: Issue order copy by 04.03.2024 3/4

N.ANAND VENKATESH, J adl To

1. The Principal and District Sessions Judge Salem, Salem District.

2. The Inspector of Police, Kolathur Police Station, Mettur Taluk, Salem District.

3. The Deputy Superintendent of Police, Mettur Police Sub Division, Mettur Dam, Salem District.

4.The Public Prosecutor, High Court, Madras.

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