Selvam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23207 of 2023 Selvam ... Petitioner Vs.

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

Crime No.222 of 2023 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Sessions Judge, SC & ST Court, Villupuram to consider the petitioner's bail application on the day of his surrender in Crime No.222 of 2023 on the file of the Periyathatchur Police Station, Villupuram District.

For Petitioner : Ms.V.Sasirekaha For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed to direct the learned Sessions Judge, SC & ST Court, Villupuram to consider the bail application on surrender.

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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 Sessions Judge, SC & ST Court, Villupuram. 2.The Inspector of Police, Periyathatchur Police Station, Villupuram District.

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3. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

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