Madras High Court
M.Sundarraj vs The State Rep.By on 22 April, 2021
Crl.A.No.174 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2021
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
CRL.A.No.174 of 2021
M.Sundarraj ....Appellant
.Vs.
1.The State Rep.by
Inspector of Police,
Thiruvannamalai East Police Station,
Thiruvannamalai,
Crime No.104 of 2021.
2.The Deputy Superintendent of Police,
Thiruvannamalai Town Sub Division,
Thiruvannamalai.
3.G.Vinoth .. Respondents
Criminal Appeal filed under Section 14-A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act
2018 to set aside the order passed in Crl.M.P.No.250 of 2021 dated
19.03.2021 passed by the Special Court for S.C. and S.T (Prevention of
Atrocities) Act, Thiruvannamalai and consequently release the appellant
on bail in respect of Crime No.104 of 2021 pending investigation on the
file of the Inspector of Police, Thiruvannamalai East Police Station,
Thiruvannamalai District.
For Appellant : Mr.S.B.Viswanathan
For Respondents : Ms.T.P.Savitha
Government Advocate (Crl.Side)
for R1 and R2
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Crl.A.No.174 of 2021
JUDGMENT
This Criminal Appeal has been filed against the order dated
19.03.2021 in Crl.M.P.No.250 of 2021 passed by the learned Sessions
Judge, Special Court for SC/ST (Prevention of Atrocities) Act,
Thiruvannamalai and consequently to release the appellant on bail in
respect of Crime No.104 of 2021 pending investigation on the file of the
Inspector of Police, Thiruvannamalai East Police Station,
Thiruvannamalai District.
2.It is the case of the appellant that the respondent/police registered
a case in Crime No.104 of 2021 against him for the offence under
Section 174 Cr.P.C., subsequently altered into Section 306 IPC r/w
Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Amendment Act 2018 [hereafter 'SC/ST (POA) Act' for the
sake of convenience]. The appellant was arrested and remanded to
judicial custody on 08.03.2021. 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
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Crl.A.No.174 of 2021
seeking bail. After hearing the arguments, the designated Court,
dismissed the petition. Hence, the present Criminal Appeal.
3. The learned counsel for the appellant would submit that initially
the case was registered against the appellant for the offence under
Section 174 Cr.P.C., subsequently altered into Section 306 IPC and
Section 3(2)(v) of SC/ST (POA) Act and the appellant was arrested and
remanded to judicial custody on 08.03.2021. He would further submit
that the appellant was working as an Junior Assistant in the District
Court, Tiruvannamalai, whereas, the deceased was working as a Steno
typist in the same Court. Since a marriage proposal was going on for the
appellant, due to frustration the deceased committed suicide. The
appellant has not induced the deceased to commit suicide and he is in no
way connected with the said offence. Therefore, he prays to grant bail to
the appellant.
4.The learned Government Advocate (Crl.Side) would submit that
the appellant was working as a Junior Assistant in the District Court,
Tiruvannamalai, whereas, the deceased was working as Steno typist in
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Crl.A.No.174 of 2021
the same Court and they had love affair and living together for more than
1 ½ years. On 07.03.2021, when the deceased insisted the appellant to
marry her, the appellant refused to marry her stating that she belongs to
Scheduled Caste Community. Therefore, she has committed suicide due
to frustration. She would further submit that the investigation is pending
and the charge sheet is yet to be filed. Hence, she vehemently objected to
grant bail to the appellant.
5.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.
6.It is seen from 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 that
investigation is pending and charge sheet is not yet filed. Since the
deceased committed suicide in the house of the appellant, if the appellant
is released on bail there is possibility of tampering the witnesses and
destroy the material evidence.
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Crl.A.No.174 of 2021
7.In the light of the above facts and considering the serious nature
of the offence, this Court is not inclined to allow this Criminal Appeal by
granting bail to the appellant. Accordingly, this Criminal Appeal is
dismissed.
22.04.2021
Internet: Yes/No
ms
To
1.The Sessions Judge,
Special Court for Trial of Cases under
S.C. and S.T (Prevention of Atrocities) Act,
Thiruvannamalai.
2.The Superintendent,
Central Prison,Vellore.
3.The Inspector of Police,
Thiruvannamalai East Police Station,
Thiruvannamalai.
4.The Deputy Superintendent of Police,
Thiruvannamalai Town Sub Division,
Thiruvannamalai.
5.The Public Prosecutor,
High Court, Madras.
6.The Deputy Registrar | with a direction to send back the
(Criminal Section), | original records, if any, to the
High Court, Madras. | trial Court
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Crl.A.No.174 of 2021
P.VELMURUGAN, J.
ms
CRL.A.No.174 of 2021
22.04.2021
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