Madras High Court Directs DMK MLA's Son & Daughter-In-Law To Appear Before Special Court In Case Over Domestic Help's Assault

Justice Anand Venkatesh observed that in view of the amendments made to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, the court could not routinely issue directions. The court was thus not inclined to allow the couple's request to direct the lower court to consider their bail applications on the same day of their surrender.

"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 petitioners are 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 court said.

The court thus directed the parties to appear in person before the court. The court also asked the Special Court to order reasonable, accurate and timely notice mandated under Section 15A(3) of the Act to the victim and deal with the matter as expeditiously as possible in accordance with law after hearing the victim.

In their plea, the duo claimed that they were taking good care of the house help and denied the alleged instances. They claimed that the girl was very well taken care of by the couple as their own child and given utmost care and concern.

The duo claimed that the girl was in a love affair which was objected to by the couple. The couple also informed the court that they had even celebrated the girl's birthday a few days before the alleged incident.

The girl had alleged that she was employed as a domestic aid on the promise of educational aid, but her employers, the couple, physically harassed her and assaulted her and made cateist slurs and derogatory remarks against her.

Counsel for the Petitioners: Mr.A.P.Sathyamurthy

Counsel for the Respondents: Mr.A.Damodaran Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 39

Case Title: Marlena Ann v State

Case NO: CRL.O.P No.1548 of 2024