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Madras High CourtCRL OP(MD)/18986/2023disposed of

Seenivasan @ Seeinvasathevar v. The Deputy Superintendent Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18986 of 2023 Seenivasan @ Seenivasathevar

...Petitioner / Sole Accused

Vs.

1.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

2.The Inspector of Police, Sedapatti Police Station, Madurai District.

...1st & 2nd Respondents / Complainants 3.Muthu ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Hon'ble Special Judge for SC / ST (Prevention of Atrocities) Act cum III-Additional District and Sessions Judge (PCR Unit) Madurai to consider the bail application filed by the petitioner herein and pass orders on the same day, if the petitioner surrenders before the said Court in connection with the case in Crime No.163 of 2023, on the file of the 2nd Respondent. 1/4

For Petitioner :Mr.Solaisamy For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Special Judge for SC / ST (Prevention of Atrocities) Act cum III-Additional District and Sessions Judge (PCR Unit) Madurai, to consider the bail application of the petitioners on the same day of his surrender before that Court in connection with Crime No.163 of 2023 on the file of the second respondent.

2.The petitioner is the sole accused in Crime No.163 of 2023 on the file of the second respondent police for the offences punishable under Sections 294(b), 323 of IPC, r/w Section 3(1)(r) & 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that no one has injured in this case. There is no previous case against the petitioner. 2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Special Judge for SC / ST (Prevention of Atrocities) Act cum III-Additional District and Sessions Judge (PCR Unit) Madurai, 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 petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

20.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Special Judge for SC / ST (Prevention of Atrocities) Act cum III-Additional District and Sessions Judge (PCR Unit) Madurai. 2.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

3.The Inspector of Police, Sedapatti Police Station, Madurai District.

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

Crl.O.P.(MD)No.18986 of 2023 20.10.2023 4/4