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Madras High CourtCRL OP/11062/2024disposed of

Muniyendiran v. The State Rep By Its,

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HONOURABLE Mr.JUSTICE K.KUMARESH BABU Crl.O.P.No.11062 of 2024 Muniyendiran .. Petitioner/ Accused No.2 Vs.

1.

The State Rep. by The Deputy Superintendent of Police Pennagaram Dharmapuri District.

2.

The Inspector of Police Eriyur Police Station Dharmapuri District.

.. Respondents/ Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider the bail application filed by the petitioner on his surrender in connection with Crime No. 33 of 2024 on the file of the respondent on the same day.

For Petitioner : Mr.J.Raja Rao

For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider the bail application filed by the petitioner on his surrender in connection with Crime No. 33 of 2024 on the file of the respondent 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 the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to appear in person before the Special Court within a period 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 Section. 15A(3) of the Act to the victim or his/her dependent by RPAD/through the respondent police and on such service on 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 Hariram Bhambhi Vs. Satyanarayan, reported in 2021 SCC Online SC 1010.

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

08.05.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order vsg

K.KUMARESH BABU,J vsg To 1.

The Deputy Superintendent of Police Pennagaram Dharmapuri District.

2.

The Inspector of Police Eriyur Police Station Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

4. Principal District and Sessions Judge, Dharmapuri. Crl.O.P.No.11062 of 2024 08.05.2024