Govindhasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23746 of 2023 1.Govindhasamy

2. Anandhi ... Petitioners Vs.

1. State Represented by The Deputy Superintendent of Police, Maduranthagam Sub Division, Chengalapattu District.

2. The Inspector of Police, Anaicut Police Station, Chengalpattu District.

(Crime No.343 of 2023) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Principal District Sessions Judge, Chengalpattu to consider the bail petition preferred by the petitioners upon their surrender in Crime No.343 of 2023 on the file of the 1st respondent police on the same day.

For Petitioner : Mr.R.Baskar For Respondents : Mr.S.Udaya Kumar 1/4

Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed seeking a direction to consider the bail petition preferred by the petitioners upon their surrender in Crime No.343 of 2023 for the offence under SC/ST Act.

2. Petition to consider the surrender petition on the same day cannot be entertained, in view of Section 15(A) of SC/ST Act, which mandates notice to the defacto complainant before considering the bail petition. In such circumstances, the prayer sought in this petition if allowed will defeat the mandatory provision.

3. Accordingly, this Criminal Original Petition is dismissed. 16.10.2023 Index : Yes/No Sma 2/4

To

1. The Deputy Superintendent of Police, Maduranthagam Sub Division, Chengalapattu District.

2. The Inspector of Police, Anaicut Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court, Madras.

3/4

Dr.G.JAYACHANDRAN,J.

Sma Crl.O.P.No.23746 of 2023 16.10.2023 4/4