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2025 DAILYLAW 57425 (MAD)

Sakthivel v. The Deputy Superintendent of Police

CRL OP/14541/2025 · 2025-05-08

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:MHC:1159 Crl.O.P.No.14541 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.05.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.No.14541 of 2025 1. Sakthivel 2. Chinnasamy 3. Paramasivan ... Petitioners Vs. State Rep.by: 1.The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District. 2.The Sub Inspector of Police, Kelamangalam Police Station, Krishnagiri District. (Crime No.129 of 2025) ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 BNSS Act, pleased to direct the District & Sessions Court, Krishnagiri (Special Judge for S.C & S.T Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.129 of 2025 on the file of respondent police. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14541 of 2025 For Petitioners : Mr.P.Udhayasuriyan For Respondents : Mr.K.M.D.Muhilan, 1, 2 Additional Public Prosecutor ORDER This Criminal Original Petition has been filed seeking to direct the District & Sessions Court, Krishnagiri (Special Judge for S.C & S.T Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.129 of 2025 on the file of respondent police. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State 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- 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14541 of 2025 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 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. 08.05.2025 Index : Yes/No Neutral Citation : Yes/No rna 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14541 of 2025 To 1.The District and Sessions Judge (Special Judge for SC / ST Act, Krishnagiri. 2.The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District. 3.The Sub Inspector of Police, Kelamangalam Police Station, Krishnagiri District. 4.The Public Prosecutor, High Court of Madras, Chennai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14541 of 2025 L.VICTORIA GOWRI,J. rna Crl.O.P.No.14541 of 2025 08.05.2025 5/5 https://www.mhc.tn.gov.in/judis