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Madras High CourtCRL OP/26126/2023disposed of

Sekar v. The State Rep.By Its

2023-11-29Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Sekar ... Petitioner Vs.

1. The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2. The Inspector of Police, Tiruvannamalai Police Station, Tiruvannamalai.

Crime No.733 of 2023 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Principal Session Judge (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act 1989 read with New Amendment Act 2015 at Tiruvannamalai to accept the surrender of the petitioner herein connected in Crime No.733 of 2023 on the file of the 2nd respondent police and consider the petition on the same day itself.

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For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.S.Udaya Kumar Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed seeking direction to consider the Bail application of the petitioner herein, who apprehends 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 disposed of.

29.11.2023 Index : Yes/No Sma 2/4

To

1. The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2. The Inspector of Police, Tiruvannamalai Police Station, Tiruvannamalai.

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

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Dr.G.JAYACHANDRAN,J.

Sma 29.11.2023 4/4