Venkatraman v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN 1.Venkataraman 2.Madhaiyan 3.Kavitha 4.Gnanaselvi 5.Chinnapapa ... Petitioners Vs.

1.State by The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

(Crime No.645 of 2023) 2.Vijayalakshmi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to direct the learned Principal District and Sessions Judge, Krishnagiri (Special Court SC / ST Act) to consider their bail application upon their surrender on the same day in Crime No.645 of 2023 on the file of the first respondent.

For Petitioners : Mr.K.Thiruvengadam For R1 : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed seeking direction to consider the Bail application of the petitioners herein, who apprehend arrest for the offence under SC/ST Act.

2. Since there is a provision under Section 15A of the SC/ST Act, which 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. 20.10.2023 rpl Index : Yes / No Speaking order / Non-speaking order To 1.The Principal District and Sessions Judge, Krishnagiri (Special Court SC / ST Act) 2.The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

3.The Public Prosecutor, Madras High Court, Chennai.

Dr.G. Jayachandran, J.

rpl 20.10.2023