Vignesh v. The Deputy Superindent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2024

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5921 of 2024

1. Vignesh

2. Kaviyarasan .. Petitioners/3rd and 4th accused Vs.

1. The Deputy Superintendent of Police, Tirukoilur, Tirukoilur Police Station, Crime No.56 of 2024.

2. The State Rep by The Inspector of Police, Tirukoilur Police Station, Crime No.56 of 2024 .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Courts for SC/ST (Prevention of Atrocities) Amendment Act cases at Kallakurichi to consider the bail application of the petitioners herein in Crime No.56 of 2024 on the file of the respondent police.

For Petitioner : Mr.S.Natarajan For Respondents : Mr.A.Damodaran 1\4

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction, to the learned Special Courts for SC/ST (Prevention of Atrocities) Amendment Act cases at Kallakurichi, to consider the bail application of the petitioners herein in Crime No.56 of 2024 on the file of the 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 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 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, 2\4

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.

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

11.03.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka Note : Issue order copy on 12.03.2024 3\4

N. ANAND VENKATESH,J rka To

1. The Deputy Superintendent of Police, Tirukoilur, Tirukoilur Police Station, Crime No.56 of 2024.

2. The State Rep by The Inspector of Police, Tirukoilur Police Station, Crime No.56 of 2024

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5921 of 2024 11.03.2024 4\4