Sakthivel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

1. Sakthivel

2. Seeralan

3. Tamilkannan

4. Periyasamy

5. Nallthambi

6. S.Poovarasan

7. Ashok

8. Periyannan

9. Kaviyarasu

10. Rajamani

11. Murugesan

12. Nadarajan

13. Rajendran ... Petitioners Vs.

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

2. State Rep by, The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the Principal District and Sessions Judge, Kallakurichi District and to accept the surrender of the petitioner and consider the bail petition on the same day in Crime No.715 of 2023 on the file of the respondent police.

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For Petitioners : M/s. R.Suryaprakash For Respondents : 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 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.

19.12.2023 Index : Yes/No Sma 2/4

To

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

2. State Rep by, The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

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

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Dr.G.JAYACHANDRAN,J.

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