Tamilarasan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Crl.O.P.No.15659 of 2025 Tamilarasan ... Petitioner/A2 Vs.

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

2.The State Rep by The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

(Cr.No.173 of 2025) ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 BNSS Act, pleased to direct the Learned Principal District and Sessions Judge, Thiruvannamalai/The Special Court for SC / ST Cases, Tiruvannamalai, Thiruvannamalai District to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.173 of 2025 on the file of 2nd respondent police.

For Petitioner : Mr.M.Sarath Kumar For Respondents : Mr.S.Vinoth kumar Government Advocate (Crl.Side)

ORDER

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This Criminal Original Petition has been filed seeking to direct the learned Principal District and Sessions Judge, Thiruvannamalai/The Special Court for SC/ST Cases, Tiruvannamalai, Thiruvannamalai District to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.173 of 2025 on the file of 2nd respondent police.

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

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.

21.05.2025 Index : Yes/No gv/jai N.SENTHILKUMAR.,J gv/jai 3/4

To 1.The Principal District and Sessions Judge, Thiruvannamalai/The Special Court for SC / ST Cases, Tiruvannamalai,

2. The Deputy Superintendent of Police, Thiruvannamalai Thiruvannamalai District.

3.The State Rep by The Inspector of Police, Chengam Police Station, Tiruvannamalai District 4.The Public Prosecutor, High Court of Madras, Chennai.

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