Madras High CourtCRL OP(MD)/6251/2023disposed of

Seeman @ Seemon Rayappan v. The Deputy Superintendent Of Police

2023-04-03Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Seeman @ Seemon Rayappan 2.Justin 3.Rabin @ Jesu Robin ... Petitioners/Accused 1, 2 & 7 Vs.

1.The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

2.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

Crime No.38 of 2023 ... 1st & 2nd Respondents/Complainants 3.Muniyasami ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the II Additional District and Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, 1989, Tirunelveli, to consider the bail application of the petitioners on the same date of their surrender in connection with Crime No.38 of 2023, on the file of the 2nd respondent police.

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For Petitioners : Mr.M.Maharaja For Respondents : Mr.B.Nambiselvam for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned II Additional District and Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act,1989, Tirunelveli, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 38 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.38 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b), 323, 324 of IPC, r/w Section 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvam, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is 2/5

inclined to pass the following orders :- 1)The petitioners shall appear before the learned II Additional District and Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act,1989, Tirunelveli, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act. The trial Court shall taken into consider the previous antecedents of the petitioners while passing orders on merits. 5.With the above observation, this Criminal Original Petition is disposed of.

03.04.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Additional District and Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act,1989, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

3.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 03.04.2023 5/5