G.Balasubramaniam @ Balu v. State Rep By Its, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.No.15646 of 2025 G.Balasubramaniam @ Balu ... Petitioner/A2 vs 1.

The Deputy superintendent of Police, Namakkal, Namakkal District.

2. The Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No. 251 of 2025)

3. Ravi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the learned Special Court for Trial of Cases under SC/ST (POA) Act, Cases, Namakkal District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.251 of 2025 on the file of the 2nd respondent Police on the same day. For petitioner(s) :

Mr.W.Camyles Gandhi For Respondent(s) :

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed to direct the learned Special Court for Trial of Cases under SC/ST (POA) Act, Cases, Namakkal District to

consider the bail application filed by the petitioner on his surrender in connection with Crime No.251 of 2025 on the file of the 2nd respondent Police on the same day.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) 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/legal aid counsel as mandated under Section 15A(5) of the Act, in compliance with the judgement in the case of Hariram Bhambhi Vs.Sathyanarayan [ reported in 2021 SCC Online SC 1010].

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

21.05.2025 jai/gv Index :

Yes/No : Yes/No "Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code."

N.SENTHILKUMAR,J jai/gv To:

1.

The Special Court for Trial of Cases under SC/ST (POA) Act, Cases, Namakkal District

2. The Deputy superintendent of Police, Namakkal, Namakkal District.

3. The Inspector of Police, Namakkal Police Station, Namakkal District.

4.

The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15646 of 2025 21.05.2025