K.Ramalingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.26575 of 2023 K.Ramalingam ... Petitioner Vs.

1.The Assistant Commissioner of Police, R-3, Ashok Nagar Police Station, Chennai-600 024.

2.The Inspector of Police, K.K.Nagar Police Station, Chennai-600 078.

(Crime No.258 of 2023 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal District and Sessions Judge, City Civil Court, Chennai, Principal Special Court SC/ST (POA) Act, Chennai to accept the bail application of the petitioner on the same day of representation in Crime No.258 of 2023 on the file of the respondent police. For Petitioner : M/s.Kalyan Kishen Singh For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

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.

23.11.2023 Index : Yes/No rpl To

1. Principal District and Sessions Judge, City Civil Court, Chennai, Principal Special Court SC/ST (POA) Act, Chennai 2.The Assistant Commissioner of Police, R-3, Ashok Nagar Police Station, Chennai-600 024.

2/4

3.The Inspector of Police, K.K.Nagar Police Station, Chennai-600 078 4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

3/4

Dr.G.JAYACHANDRAN,J.

rpl Crl.O.P.No.26575 of 2023 23.11.2023 4/4