Arun v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.26481 of 2023 1.Arun 2.Deivasigamani ... Petitioners Vs.

1.State Rep.by The Deputy Superintendent of Police, Palladam, Tiruppur District.

2.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

(Crime No.426 of 2023) 3.Prathap ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge for SC/ST Act cases, Tiruppur to consider the bail application filed by the petitioners on their surrender in connection with Crime No.426 of 2023 on the file of the 2nd respondent police on the same day. For Petitioners : Mr.J.Ranjithkumar 1/4

For R1 & R2 : Mr.Leonard Arul Joseph Selvam 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 disposed of.

23.11.2023 Index : Yes/No rpl To

1. The Principal District and Sessions Judge for SC/ST Act cases, Tiruppur 2.The Deputy Superintendent of Police, Palladam, Tiruppur District.

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3.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

3/4

Dr.G.JAYACHANDRAN,J.

rpl Crl.O.P.No.26481 of 2023 23.11.2023 4/4