Selvapriya v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Selvapriya W/o.Bakkiyaraj

...Petitioner/A3

Vs.

1. The Deputy Superintendent of Police Ariyalur Ariyalur District

2. State by Inspector of Police Udayarpalayam Police Station Ariyalur District

...Respondents

(Crime No.220 of 2024) PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, praying to direct the Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariyalur District to accept surrender of the petitioner herein concerned in Crime No.220 of 2024 pending on the file of the Inspector of Police, Udayarpalayam Police Station, Ariyalur District and consider the bail petition on the same day itself.

For Petitioner : Mr.M.R.Elavaraan For Respondents : Mr.L.Baskaran Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed seeking a direction to the learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Ariyalur, to consider the bail application of the petitioner on the same day in the event of her surrender in connection with Crime No.220 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 Ariyalur 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 Note: Issue today [09.10.2024] Index: Yes/No Speaking order/Non-speaking Order gpa To 1.The Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act), Ariyalur

2. The Deputy Superintendent of Police Ariyalur Ariyalur District

3. The Inspector of Police Udayarpalayam Police Station Ariyalur District 4.The Public Prosecutor, High Court, Madras.

3/4

K.GOVINDARAJAN THILAKAVADI, J gpa 09.10.2024 4/4