N. V. Ramana, J. - (1.) This Special Leave Petition has been filed against the impugned order and judgment dated 02.01.2019, in Crl.M.P. No. 5697 of 2018 passed by the Learned Court of. The Principle Sessions Judge of Kancheepuram District at Chengalpattu, Tamil Nadu and the order of the High Court Registry, in not numbering the anticipatory bail petition of the petitioner-accused herein.
(2.) We need to refer to the basic facts necessary for the disposal of the case at hand. An FIR was filed against the three co- accused (Murugesan, S. M. Ekambaram and Ramaswamy), before the PS Pallikaranai, St. Thomas Mount, Kancheepuram District, Tamil Nadu, being Crime No. 937 of 2017, dated 03.04.2017, under Section 147, 148, 448, 302 and 506 of IPC. It is averred that subsequently Offence under Section 3(ii) of the Scheduled castes and the Scheduled Tribes (prevention of atrocities) Act, 1989 ['SC/ST Act'] was also added. Further it is to be noted that the Petitioner herein was later arrayed as an accused by the police. In view of apprehension of arrest, the petitioner filed an Anticipatory Bail Application being Crl.M.P. No. 5697 of 2018, before the Learned Court of The Principal Sessions Judge of Kancheepuram at Chengalpattu.
(3.) The District Principal Judge by an Order dated 02.01.2019, dismissed the anticipatory bail application of the petitioner. Aggrieved by the same, petitioner approached the High Court of Madras seeking anticipatory bail, but the Registry of the High Court refused to number and list the matter before the court on the following office objection- "It may be stated how this petition for Anticipatory Bail is maintainable, since the offence is under SC/ST Act" Even though the petitioner herein replied to the aforesaid office objection, the High Court Registry rejected numbering of the petition and dismissed the Anticipatory Bail Petition on the issue of maintainability under SC/ST Act.;