Devi v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Devi ... Petitioner Vs.

The State Rep by The Inspector of Police All Women Police Station, Arani Thiruvannamalai District (Cr.No.11/2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 BNSS Act, pleased to direct the Special Court for SC / ST Cases, Tiruvannamalai, to consider and pass orders on the petitioner's bail application on the same day on merits in connection with the Cr.No.11 of 2025 on the file of respondent police on his surrender. For Petitioner : Mr.K.V.Sajeevkumar For Respondents : Mr.S.Vinoth kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the Special Court for SC / ST Cases, Tiruvannamalai, to consider and pass orders on the petitioner's bail application on the same day on merits in 1/4

connection with the Cr.No.11 of 2025 on the file of respondent police on his surrender.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing 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 petitioner is 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/ 2/4

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.

21.05.2025 Index : Yes/No gv/jai To 1.The Special Court for SC / ST Cases, Tiruvannamalai.

2. The Inspector of Police All Women Police Station, Arani Thiruvannamalai District 3.The Public Prosecutor, High Court of Madras, Chennai.

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N.SENTHILKUMAR.,J gv/jai Crl.O.P.No.15634 of 2025 21.05.2025 4/4