Manikandan v. State Rep. By, The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Manikandan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

2.State by The Inspector of Police, Kairlabath Police Station, Ariyalur District.

(Crime No.45 of 2025) 3.Jeeva ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 BNSS Act, 2023, pleased to direct the Learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariylaur District to accept the surrender of the petitioner herein concerned in Crime No.45 of 2025 pending on the file of the Inspector of 1/5

Police, Kairlabath Police Station, Ariyalur District and consider the bail petition on the same day itself.

For Petitioner : Mr.M.R.Elavarasan For Respondents : Mr.K.M.D.Muhilan, 1, 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the Learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariylaur District to accept the surrender of the petitioner herein concerned in Crime No.45 of 2025 pending on the file of the Inspector of Police, Kairlabath Police Station, Ariyalur District and consider the bail petition on the same day itself. 2.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State 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 2/5

the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to appear inperson 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.

This Criminal Original Petition is disposed of to the extent indicated above.

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To 1.The Learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariylaur District. 2.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

3.The Inspector of Police, Kairlabath Police Station, Ariyalur District.

4.The Public Prosecutor, High Court of Madras, Chennai.

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L.VICTORIA GOWRI,J.

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