Prasankumar Shanmugam v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Prasankumar Shanmugam S/o.Shanmugam 2.Aravindh S/o.Mahendiran

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Dharmapuri District.

2.State represented by Inspector of Police, Harur Police Station, Dharmapuri District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned Principal District Judge, Dharmapuri to consider the bail application of the petitioners on the same of their surrender in Crime No.103 of 2024 on the file of second respondent police.

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For Petitioners : Mr.M.Ashwin Kumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

ORDER

This petition has been filed seeking a direction to the learned Principal District Judge, Dharmapuri, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.103 of 2024 on the file of the second 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 2/4

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 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.

08.03.2024 Index: Yes/No Speaking order/Non-speaking Order gm Note: Issue order copy by 11.03.2024 3/4

N.ANAND VENKATESH, J gm To 1.The Principal District Judge, Dharmapuri.

2.The Deputy Superintendent of Police, Dharmapuri District.

3.The Inspector of Police, Harur Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

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