Madras High Court
Criminal LawAdministrative and Public Law

Victim must be given notice before bail is granted in SC/ST Act cases.

Velmurugan vs The State Rep. by, The Joint Secretary (CPV)

Madras High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Victim must be given notice before bail is granted in SC/ST Act cases.. Velmurugan vs The State Rep. by, The Joint Secretary (CPV). Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner alleged that respondents 7 and 8 had taken ₹9,39,000 on the promise of arranging a Singapore visa, but did not procure one. He further alleged that respondent 7 refused to repay the money, abused him by referring to his caste, and threatened him.

Source reference: p.3

Police registered Crime No. 151 of 2025 under Sections 296(b) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, Section 67 of the Information Technology Act, 2000, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; following investigation, a charge sheet was taken on file as S.C. No. 26 of 2026.

Source reference: p.3

After respondents 7 and 8 failed to appear, the Special Court issued non-bailable warrants. The petitioner sought a mandamus directing the police to transmit the warrant to the Union authorities for processing.

Source reference: p.2, p.4
02

Issues

Whether the Court should direct the police to transmit the non-bailable warrant to the Union authorities for processing, as requested by the petitioner.

Source reference: p.2, p.4

Whether the requested relief remained necessary after the accused persons’ subsequent surrender and arrest.

Source reference: p.4–5
03

Law Applied

The petition invoked the High Court’s writ jurisdiction under Article 226 of the Constitution. The criminal case involved the provisions identified above, including Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

Source reference: no citation

The judgment states no precedent or specific statutory provision governing transmission of the warrant or the procedure for securing an accused from Singapore.

Source reference: no citation

The Court also directed that the petitioner be put on notice before the Special Court considers granting bail to the first accused, referring to the offence’s engagement of the SC/ST Act.

Source reference: p.5
04

Reasoning

The Court found that the circumstances underlying the request for assistance in executing the warrant had changed.

Source reference: p.4–5

The police reported that respondent 8 had surrendered, been remanded, and was appearing regularly before the Special Court; they also reported that respondent 7 had been secured on arrival from Singapore and remanded to judicial custody.

Source reference: p.4–5

Since both accused had been brought within the court process, the requested transmission of the warrant—and consideration of the petitioner’s representation by the Union authorities—was no longer necessary.

Source reference: p.5
05

Holding

The Court dismissed the writ petition because the relief sought had already become unnecessary following respondent 8’s surrender and respondent 7’s arrest.

It further directed that the petitioner be put on notice before the Special Court considers granting bail to the first accused.

Source reference: p.5
06

Acts & Sections Cited

4 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nyaya Sanhita, 20232

Information Technology Act, 20001

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891

Madras High Court

Original Court PDF

VelmuruganvsThe State Rep. by, The Joint Secretary (CPV)

Madras High Court · October 01, 2026

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