Madras High Court
Nathaniyel @ Narthaniel vs The Deputy Superintendent Of ... on 27 October, 2021
Crl.O.P.(MD)No.SR28406 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 27.10.2021
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
Crl.O.P.(MD)No.SR28406 of 2021
1.Nathaniyel @ Narthaniel
2.Godwin @ Godwin Doss
3.Jose @ Godwin Jose
4.Rubus @ Godwin Rubas
5.Radha @ Radhakrishnan
.. Petitioners
Vs.
1.The Deputy Superintendent of Police,
Kanyakumari Sub-Division,
Kanyakumari.
2.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District,
[Crime No.438 of 2021]
3.Mathan ...Respondents
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.SR28406 of 2021
PRAYER: Criminal Original Petition filed under Section 438
of the Criminal Procedure Code, to enlarge the
petitioners/ accused on bail in the event of their arrest
in Crime No.438 of 2021 on the file of the respondent
Police.
For Petitioners : Mr.T.Arul
ORDER
This petition has been listed under the caption
'for maintainability'.
2.The Registry has raised a doubt regarding
maintainability of this petition, in view of Section 18 of
the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, since this petition is filed under
Section 438 CrPC seeking anticipatory bail for the offence
committed under various Sections of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act.
3.The petitioners apprehending arrest for the
offence punishable under Sections 147, 294(b),506(ii) of
IPC and Section 3(1)(r),3(1)(s),3(2)(va) of SC/ST (POA)
Act, 1989, seek anticipatory bail under Section 438 CrPC.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.SR28406 of 2021
4.The learned Counsel for petitioner submitted
that this petition is maintainable that the petitioners
have not committed any such offence as alleged. He has
also placed reliance on the following judgments:
1.P.Surendran Vs State, reported in 2019(9)
SCC 154.
2.Dr.S.Ariharan and Anr Vs the Inspector of
Police, reported in 2020 (1) Crimes (HC) 437
3.Prathvi Raj Chauhan Vs Union of India and
other reported in 2020 (4) SCC 727.
4.Pavas Sharma Vs State of Chhattisgarh
reported in 2021 SCC Online Chh 288.
5.It would be relevant to refer to Section 18 of the
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, which reads as follows:
18.Section 438 of the Code not to
apply to persons committing an offence
under the Act- Nothing in Section 438 of
the Code shall apply in relation to any
case involving the arrest of any person
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.SR28406 of 2021
on an accusation of having committed an
offence under this Act.
6.Section 18 of the Act clearly states that the
application under Section 438 of CrPC cannot be
maintainable for the offence committed under the SC/ST
Act. Therefore, this petition is not maintainable in view
of Section 18 of the Act.
7.In fine, this petition is rejected at the SR
stage itself as not maintainable.
Internet : Yes / No 27.10.2021
Index : Yes / No
dsk
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.SR28406 of 2021
B.PUGALENDHI, J.,
dsk
Crl.O.P.(MD)No.SR28406 of 2021
27.10.2021
https://www.mhc.tn.gov.in/judis
