M.Balu v. The Deputy Supt. Of Police, Villupuram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.6780 of 2024 1.M.Balu 2.M.Kumar 3.M.Arasu

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Villupuram Division, 2.The Inspector of Police, Vikkiravandi Police Station, (Crime No.262 of 2024) 3.E.Iyyappan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court for the exclusive trail of cases registered under SC/ST (POA) Act, Villupuram, to consider and dispose of the bail application of the petitioners on merits in connection with the case in Crime No.262 of 2024 on the file of the Inspector of Police, Vikravandi Police Station, Villupruam District on the same date of his surrender. 1/4

For Petitioners : Mr.C.Iyappa Raj For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

ORDER

This Criminal Original Petition has been filed seeking to direct the Special Court for the exclusive trail of cases registered under SC/ST (POA) Act, Villupuram, to consider and dispose of the bail application of the petitioners on merits in connection with the case in Crime No.262 of 2024 on the file of the Inspector of Police, Vikravandi Police Station, Villupruam District on the same date of his surrender.

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. 2/4

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 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. 21.03.2024 Index: Yes/No Speaking order/Non-speaking Order ssr Note: Issue Order Copy on 22.03.2024 To 1.The Special Court for the exclusive trail of cases registered under SC/ST (POA) Act, Villupuram. 2.The Deputy Superintendent of Police, Villupuram Division, 3/4

N.ANAND VENKATESH, J ssr 3.The Inspector of Police, Vikkiravandi Police Station, 4.The Public Prosecutor, High Court, Madras.

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