Tamilarasan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

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

1. The State Represented by The Deputy Superintendent of Police, Valappady, Salem District.

2. State Rep by, The Inspector of Police, Karumandurai Police Station, Salem District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Principle Sessions and District Judge, Salem ( Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioner herein concerned in Crime No.117 of 2023 on the file of the Inspector of Police, Karumandurai Police Station, Salem District) and consider the bail application on the same day itself.

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For Petitioner : Mr.R.Selvabharathi For Respondent : Mr.Leonard Arul Joseph Selvam 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.

07.12.2023 Index : Yes/No Sma 2/4

To

1. The Deputy Superintendent of Police, Valappady, Salem District.

2. The Inspector of Police, Karumandurai Police Station, Salem District.

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

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Dr.G.JAYACHANDRAN,J.

Sma 07.12.2023 4/4