Rasappa @ Rajappa v. Vellaiyan Alias Balamurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Rasappa @ Rajappa 2.Karthi @ Muthu Karthik 3.Vellaiyan @ Balamurugan 4.Millukar @ Vembaiyan ... Petitioners/A-1 to 4 Vs.

1.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

(Crime No.387 of 2021) ... Respondents 1&2/Complainants 3.Magalingam ... 3rd Respondents/Defacto Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Pudukkottai to accept the surrender of petitioners and consider their bail application on the very same day on merits in connection with Crime No.387 of 2021 on the file of the 2nd respondent.

For Petitioners : Mr.Prasanna.R For Respondents 1 & 2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners are the accused 1 to 4 in Crime No.387 of 2021 of Manamelkudi Police Station, Pudukkottai District and the offences alleged against the accused are under Sections 294(b), 323, 427 and 506(ii) of IPC r/w. Sections 3(1)(r), 3(1)(s) and 3 (2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Pudukkottai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

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3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Pudukkottai, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

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

29.06.2021 CN(08.07.2021) 3P 5C 3/3