Crl.A.No.1065 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2022
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.1065 of 2022
Ellappan ...Petitioner
..vs..
1.The Deputy Superintendent of Police,
Vandavasi Sub Division,
Vandavasi,
Tiruvannamalai District.
2.The State Rep.by
Inspector of Police,
Kilkodungalore Police Station,
Kilkodungalore,
Tiruvannamalai District.
3.Mariyammal ... Respondents
Criminal Appeal filed under Section 14-A of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018 to
set aside the order dated 25.08.2022 made in Crl.M.P.No.967 of 2022
passed by the Special Court for SC/ST Cases, Tiruvannamalai and
enlarge the petitioner on bail in Crime No.177 of 2022 on the file of the
2nd respondent police.
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https://www.mhc.tn.gov.in/judis
Crl.A.No.1065 of 2022
For Appellant : Mr.B.Jawahar
For Respondent : Mr.S.Sugendran
Additional Public Prosecutor
JUDGMENT
This Criminal Appeal has been filed against the order dated 25.08.2022 passed in Crl.M.P.No.967 of 2022 by the Special Court for SC/ST Cases, Tiruvannamalai and to enlarge the appellant on bail.
2.The case of the prosecution is that on 02.08.2022 at about 4 p.m the third respondent/de facto complainant washing her dresses near a well, at that time the appellant had attempted to commit rape, in such course, he had physically attacked the third respondent and also abused her by referring her caste name.
3.The second respondent/police registered a case in Crime No.177 of 2022 against the appellant for the offences under Section 341, 354(A) IPC and Section 4 of TNPHW Act and Section 3(1)(r), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Page No.2/6 https://www.mhc.tn.gov.in/judis Crl.A.No.1065 of 2022 Amendment Act 2015 [hereafter 'SC/ST (POA) Act' for the sake of convenience]. The appellant was arrested and remanded to judicial custody on 14.08.2022. Hence, the appellant filed a petition under Section 439 Cr.P.C before the learned Sessions Judge, Special Court for Trial of Cases Under SC/ST (POA) Act, Tiruvannamalai seeking bail. After hearing the arguments, the designated Court, dismissed the petition. Hence, the present Criminal Appeal.
4. The learned counsel for the appellant would submit that the appellant has not committed any offence and he has been falsely implicated in the present case. He further submitted that investigation is in preliminary stage and no incriminating materials so far have been collected from this petitioner and hence, he prays to grant bail to the appellant.
5. The learned Additional Public Prosecutor appearing for the appellant submitted that there is specific overact attributed against the Page No.3/6 https://www.mhc.tn.gov.in/judis Crl.A.No.1065 of 2022 appellant. Further the investigation is in preliminary stage, if the appellant is released on bail there is a possibility of communal clash.
6.Heard the learned counsel for the appellant and the learned Government Advocate (Crl.Side) for the respondents 1 and 2 and also perused the materials available on record.
7. On a perusal of the records and the submissions made by the learned counsel on either side, this Court is of the opinion that there is specific overt act attributed against the appellant and also investigation is pending and charge sheet is not yet filed. If the appellant is released on bail there is a possibility of tampering the witnesses and hampering the investigation. Since there is an allegation against the appellant for the offence under the SC/ST Act, there is a possibility of threatening to the defacto complainant.
8.In the light of the above facts and circumstances and also Page No.4/6 https://www.mhc.tn.gov.in/judis Crl.A.No.1065 of 2022 considering the serious nature of the offences, this Court is not inclined to allow this Criminal Appeal by granting bail to the appellant. Accordingly, this Criminal Appeal is dismissed.
15.09.2022 Index: Yes/No Speaking Order/Non-Speaking Order ms To
1. The Special Judge, Special Court for SC/ST Cases, Tiruvannamalai.
2.The Superintendent, Central Prison, Vellore.
3.The Deputy Superintendent of Police, Vandavasi Sub Division, Vandavasi, Tiruvannamalai District.
4.The Inspector of Police, Kilkodungalore Police Station, Kilkodungalore, Tiruvannamalai District.
5.The Public Prosecutor, High Court, Madras.
Page No.5/6 https://www.mhc.tn.gov.in/judis Crl.A.No.1065 of 2022 P.VELMURUGAN, J.
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