B.Arulmary v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.B.Arulmary W/o.Babu 2.J.Xavier W/o.Joseph 3.P.Ranjitha W/o.Pavulraj 4.Santhanam @ Sandanamary W/o.Bakkiyasamy 5.S.Thiresa W/o.Settu 6.Rosemary W/o.Kanikkaraj 7.A.Indhira W/o.Anthony 8.D.Selvi W/o.Dhiyaraj @ Divyaraj 9.R.Prema @ Sahaya Prema W/o.Raji 1/4
10.P.Rackel W/o.Paranabas 11.G.Elisabeth W/o.Devit
...Petitioners
Vs.
1.The State rep by The Inspector of Police, Chetpet Police Station, Tiruvannamalai District.
Crime No.529 of 2023 2.The Deputy Superintendent of Police, Polur Sub Division, Polur, Thiruvannamalai District.
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the petitioners to surrender and move bail application and direct the Special Court for Trial of Cases under S.C. and S.T (Prevention of Atrocities) Act, Tiruvannamalai to consider their bail application on the same day in respect of Cr.No.529 of 2023 on the file of the Inspector of Police, Chetpet Police Station, Thiruvannamalai District pending investigation. For Petitioners : Mr.S.B.Viswanathan For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 2/4
ORDER
This petition has been filed seeking a direction to the Special Court for Trial of Cases under S.C. and S.T (Prevention of Atrocities) Act, Tiruvannamalai, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.529 of 2023 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 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 3/4
N.ANAND VENKATESH, J gm 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.
This Criminal Original Petition is disposed of with the above direction.
06.03.2024 Note: Issue order copy by 07.03.2024 Index: Yes/No Speaking order/Non-speaking Order gm To 1.The Inspector of Police, Chetpet Police Station, Tiruvannamalai District.
Crime No.529 of 2023 2.The Deputy Superintendent of Police, Polur Sub Division, Polur, Thiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
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