Manikandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22401 of 2023 Manikandan ... Petitioner Vs.

1. State Represented by The Deputy Superintendent of Police, Virudhachalam, Cuddalore.

2. The Sub-Inspector of Police, Virudhachalam Police Station, Cuddalore District.

(Crime No.376 of 2023) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct Special Court for the Exclusive Trial of SC/ST (PoA) Act Cases, at Cuddalore, to consider the anticipatory bail application of the Petitioner on the same day of his surrender, in Crime No.376 of 2023, on the file of the Respondent Police. For Petitioner : No appearance For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

There is no representation for the petitioner.

2. This Criminal Original Petition is filed seeking a direction to consider the Anticipatory Bail of the petitioner herein, who apprehends arrest for the offence under SC/ST Act.

3. Since there is a mandatory provision under Section 15A of the SC/ST Act, there is a mandate that before entertaining any application for bail, the victim/ defacto-complainant should be informed and put to notice. In such circumstances, the prayer sought in this petition if allowed will defeat the mandatory provision. Therefore, this Criminal Original Petition is dismissed.

04.10.2023 Index : Yes/No mac/rpl To

1. The Deputy Superintendent of Police, Virudhachalam, Cuddalore.

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2. The Sub-Inspector of Police, Virudhachalam Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

Mac/ rpl Crl.O.P.No.22401 of 2023 04.10.2023 4/4