Sounder @ R.Soundar Raja v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Sounder @ R.Soundar Raja

...Petitioner/A2

Vs.

State rep.by its 1.The Deputy Superintendent of Police, Attur, Salem District.

2. The Inspector of Police, All Women Police Station, Attur, Salem District.

(Crime No.11 of 2024) ....Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, praying to direct the Sessions and District Judge (Special Judge), SC/ST Act Cases, Salem to consider the bail application filed by the petitioner on his surrender in connection with Crime No.11 of 2024 on the file of the 2nd respondent police on the same day.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.L.Baskaran Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed seeking a direction to the learned Sessions and District Judge, (Special Court under SC & ST Atrocities Act) at Salem, to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.11 of 2024 on the file of the second respondent police.

2. 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 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 at Salem 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 Sec. 15 A (3) of the Act to the victim or his / her 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 / her dependent either in person 2/4

or through counsel / legal aid counsel as mandated under Sec 15A (5) of the Act, in compliance with Hariram Bhambhi vs Satyanarayan, reported in 2021 SCC Online SC 1010.

3. This Criminal Original Petition is disposed of with the above direction.

09.10.2024 nvi Index: Yes/No Speaking order/Non-speaking Order Note: Issue order copy today [09.10.2024] To 1.The Sessions and District Judge, (Special Court under SC & ST Atrocities Act), Salem

2. The Deputy Superintendent of Police Attur Salem District

3. The Inspector of Police All Women Police Station Attur, Salem District 4.The Public Prosecutor, High Court, Madras.

3/4

K.GOVINDARAJAN THILAKAVADI, J nvi 09.10.2024 4/4