Sankar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-05-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL OP No. 14481 of 2025
1. Sankar
2. Balamurugan
3. Sathishkumar Petitioners Vs State Rep By, The Inspector of Police, Thiruchengode Rural Police Station, Namakkal - 632 520.
Respondent For Petitioner : Mr.M.Rajasekar For Respondent : Ms.J.R.Archana Government Advocate (Criminal Side) PRAYER : Criminal Original Petition filed under Section 528 of BNSS, pleased to direct the learned Special Court/ Sessions Judge, Namakkal under SC/ST (Prevention of Atrocities) Act, 1989, to accept the surrender petition of the petitioners and to consider the bail petition of the petitioners in respect of FIR No.129 of 2025 on the file of the Thiruchengode Rural Police Station, Namakkal on the same day and pass orders on merits.
ORDER
This Criminal Original Petition has been filed seeking for a direction to the learned Sessions Judge, Special Court for SC/ST Act, Namakkal to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.129 of 2025 on the file of the respondent on the same day itself.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
3. 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 Section 15A(3) of the Act to the victim or his 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 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].
4. With the above direction, the Criminal Original Petition stands disposed of to the extent indicated above.
ham 08-05-2025 TO
1. The Sessions Judge, Special Court for SC/ST Act, Namakkal.
2. The Inspector Of Police, Thiruchengode Rural Police Station, Namakkal - 632 520.
L.VICTORIA GOWRI, J.
ham CRL OP No. 14481 of 2025 08.05.2025