Madras High CourtCRL OP/23051/2023dismissed

Jeevanandham v. State By

2023-10-12Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23051 of 2023 Jeevanandham ... Petitioner Vs.

The State Rep.by Inspector of Police, Kiliyanur Police Station, Villupuram District.

Crime No.422 of 2023 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST Atrocities Act at Villupuram, Villupuram District to accept the surrender of the petitioner herein in Crime No.422 of 2023 on the file of the Inspector of Police, Kiliyanur Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioner : Mr.S.Sasikumar For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition is filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST Atrocities Act at Villupuram, Villupuram District to consider the bail application on surrender.

2. The absconding accused cannot expect that his bail application should be considered on the same day itself, such a direction cannot be given to the Court below by this Court in exercising of power under Section 482 of Criminal procedure Code, 1973. More particularly, when the offence is under SC/ST Act and there is a mandatory requirement under the statute that the defacto-complainant must be heard before considering the bail petition.

3. In Such circumstances, there no merit in this petition. Hence this Criminal Original Petition is dismissed. It is open for the petitioner to approach the trial Court and get appropriate remedy. 12.10.2023 Index : Yes/No rpl 2/4

To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under SC & ST Atrocities Act, Villupuram, Villupuram District 2.TheInspector of Police, Kiliyanur Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

rpl Crl.O.P.No.23051 of 2023 12.10.2023 4/4