Madras High CourtCRL OP/23504/2023dismissed

Sugi @ Sugendiran v. The State Rep.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.23504 of 2023 Sugi @ Sugendran ... Petitioner Vs.

1. State Rep.by The Inspector of Police, Omarabad Police Station, Thirupathur District.

2.The Deputy Superintendent of Police, Ambur, Thirupathur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Principal Sessions Court at Vellore to consider the bail petition seeking the petitioner/accused to be enlarged on bail on the same day on which he is appearing surrendering himself before the learned Principal Sessions Court at Vellore, pending investigation in the complaint and the Crime No.251/2023 on the file of the Inspector of Police, Omarabad Police Station, Thirupathur District. For Petitioner : Mr.S.Pachaiyappan For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

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This Criminal Original Petition is filed to direct the learned Principal Sessions Court, Vellore 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 To 1.The Principal Sessions Court, Vellore 2/4

2.The Inspector of Police, Omarabad Police Station, Thirupathur District.

3.The Deputy Superintendent of Police, Ambur, Thirupathur District.

4. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

rpl Crl.O.P.No.23504 of 2023 12.10.2023 4/4