Sakthivel @ Sivasakthivel v. State Rep.By Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-05-2025
CORAM
THE HONOURABLE MR. JUSTICE N. SENTHIL KUMAR Sakthivel @ Sivasakthivel ... Petitioner -vs1.
State Represented by, The Deputy Superintendent of Police, Villupuram, Villupuram District.
State Represented by, The Inspector of Police, Tindivanam Police Station, Villupuram.
(Crime No.163 of 2025) ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the learned Principal District Sessions Court, Villupuram to accept the surrender of the petitioners and take up the bail petition to be filed by the petitioners in respect of Crime No.163 of 2025, pending on the file of the second respondent police on the same day and consider the same.
For Petitioner :
Mr. R. Sreedhar For Respondents :
Mr. S. Vinoth Kumar Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition is filed to direct the learned Principal District & Sessions Court, Villupuram to accept the surrender of the petitioners and take up the bail petition to be filed by the petitioners in connection with Crime No.163 of 2025, pending on the file of the second respondent police on the same day and consider the same. 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.
22.05.2025 stn/nsl 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 official website of this Court will be watermarked and will also have a QR code. N. SENTHILKUMAR, J.
stn/ nsl To 1.
The Principal District and Sessions Judge, Villupuram.
State Represented by, The Deputy Superintendent of Police, Villupuram, Villupuram District.
3.
State Represented by, The Inspector of Police, Tindivanam Police Station, Villupuram.
(Crime No.163 of 2025) Namakkal District.
4.
The Public Prosecutor, High Court of Madras.
Crl.O.P. No.15848 of 2025 22.05.2025