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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR 1.Rajendran 2.Karpakam

...Petitioners

Vs.

1. The State Rep by The Deputy Superintendent of Police Namakkal District.

2. State Rep by The Inspector of Police Velur Rural Police Station Namakkal District Cr.No.148 of 2025 3.Veeran ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 BNSS Act, pleased to direct the learned Principal District and Sessions Judge, Namakkal (Special Judge for SC/ST Act cases) to consider the petitioners' bail application to be filed on the same day on their surrender in Cr.No.148 of 2025 pending investigation on the file of the 2nd respondent .

For Petitioners : Mr.Deepanuday For Respondents : Mr.S.Vinoth kumar for R1 & R2 Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District and Sessions Judge, Namakkal (Special Judge for SC/ST Act cases) to consider the petitioners' bail application to be filed on the same day on their surrender in Cr.No.148 of 2025 pending investigation on the file of the 2nd respondent .

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 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 2/4

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.

21.05.2025 Index : Yes/No gv/jai 3/4

N.SENTHILKUMAR.,J gv/jai To 1.The Principal District and Sessions Judge, Namakkal (Special Judge for SC/ST Act cases)

2. The Deputy Superintendent of Police Namakkal District.

3. State Rep by The Inspector of Police Velur Rural Police Station Namakkal District 4.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.15530 of 2025 21.05.2025 4/4