Pattusamy v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Pattusamy 2.Pugazhalenden 3.Premnath 4.Gajendren ... Petitioners Vs.

1.State Rep. by The Deputy Superintendent of Police, Jayamkondam Sub Division, Ariyalur District.

The Inspector of Police, Andimadam Police Station, Ariyalur District.

Crime No.73 of 2024.

2.Rajasekaran ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to direct the learned Principal District and Sessions Court, Ariyalur (Special Court for SC / ST Act Cases, Ariyalur District) to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.73 of 2024 on the file of the first respondent.

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For Petitioners : Mr.T.Muruganantham For Respondents : Mr.K.M.D.Muhilan Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking to direct the Principal District and Sessions Court, Ariyalur (Special Court for SC / ST Act Cases, Ariyalur District) to consider the bail application filed by the petitioners in connection with Crime No.73 of 2024 on the file of the first respondent on their surrender on the same day. 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 2/4

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.

3.This criminal original petition is disposed of with the above directions.

01.04.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Principal District and Sessions Court, Ariyalur (Special Court for SC / ST Act Cases, Ariyalur District). 2.The Deputy Superintendent of Police, Jayamkondam Sub Division, Ariyalur District.

The Inspector of Police, Andimadam Police Station, Ariyalur District.

Crime No.73 of 2024.

3.The Public Prosecutor, High Court of Madras, 3/4

Chennai 600 104.

M.DHANDAPANI,J.

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