Madras High Court
M.Sundarraj vs The State on 4 August, 2021
CRL A No.364 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Criminal Appeal No.364 of 2021
M.Sundarraj Appellant / Petitioner
Vs.
1.The State
Rep. by the Inspector of Police
Thiruvannamalai East Police Station
Thiruvannamalai
(Crime No.104 of 2021) .. Respondent / Respondent
2. The Deputy Superintendent of Police
Thiruvannamalai Town Sub Division
Thiruvannamalai .. Respondent/Investigating Officer
3. G.Vinoth ... Respondent/Defacto Complainant
Prayer : Criminal Appeal filed under Section 14-A (2) of the
Scheduled castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2018 praying to set aside the order passed in
Crl.M.P.No.250 of 2021 dated 19.03.2021 passed by the Special Court
for SC/ST (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 Inspect of Police,
Thiruvannamalai East Police Station, Thiruvannamalai District.
For Appellant : Mr.S.B.Viswanathan
For Respondents 1 &2 : Mr.S.Sugendran
Government Advocate (Crl.Side)
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CRL A No.364 of 2021
JUDGMENT
(The case has been heard through video conference)
This Criminal Appeal has been filed against the order passed in
Crl.M.P.No.250 of 2021 dated 19.03.2021 passed by the learned Sessions
Judge, Special Court for SC/ST (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
Inspect of Police, Thiruvannamalai East Police Station, Thiruvannamalai
District.
2. It is the case of the appellant that the respondent police initially
registered a case in Crime No.104 of 2021 under Section 174 Cr.P.C., and
subsequently altered the case for the offence punishable under Section
306 IPC read with Section 3(2)(V) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Amendment Act 2015 (hereafter “SC/ST
(POA) Act' for the sake of convenience) by implicating the appellant as
an accused and subsequently, the appellant was arrested and remanded to
judicial custody on 08.03.2021. Hence, the appellant had filed a petition
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CRL A No.364 of 2021
before the learned Sessions Judge, Special Court for trial of cases under
SC/ST (POA) Act, Tiruvannamalai, seeking bail and after hearing the
arguments, the designated Court dismissed the petition by order dated
19.03.2021. Aggrieved by the same, the appellant filed Crl.A.No.174 of
2021 before this Court and the same was dismissed by this Court by
Judgment dated 22.04.2021. Again seeking bail, the present appeal has
been filed.
3. The learned Counsel for the petitioner would submit that
initially the case in Crime No.104 of 2021 was registered under Section
174 Cr.P.C. and subsequently, the case was altered into Section 306 IPC
read with Section 3(2)(V) of SC/ST (POA) Amendment Act 2015.
Thereafter, the petitioner was arrested and remanded to judicial custody
on 08.03.2021 and from that day onwards, he has been in custody for
more that 5 months. He would submit that the earlier bail application was
dismissed by this Court on the ground that the investigation was pending
and the charge sheet was not filed. He would submit that now the
investigation has been completed and the charge sheet has been filed and
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CRL A No.364 of 2021
the same has been taken on file by the designated Court. Thereby, the
present petition has been filed before this Court.
4. The learned Government Advocate (Crl. Side) would submit that
at the time of occurrence, the petitioner was working as a Junior
Assistant in the District Court, Tiruvannamalai and the deceased was
working as a Steno Typist in the same Court. During that period, they
both fell in love with each other. Subsequently, the petitioner was
transferred to Civil Supplies Department. Even thereafter, the deceased
used to go to the house of the appellant and had affairs. While so, on
07.03.2021 the deceased went to the house of the appellant and insisted
him to marry her whereas, the appellant refused to marry her stating that
she belongs to SC community. Frustrated by the refusal of the appellant
and since, the deceased had lost her virginity, she committed suicide. He
would further submit that the investigation has been completed and the
charge sheet has been filed and the same has been taken on file in
Spl.S.C.No.17 of 2021 by the designated Court and the case was posted
on 08.07.2021 and subsequently adjourned to 09.08.2021 for appearance
of the accused. Hence, he prays for dismissal of the appeal.
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CRL A No.364 of 2021
5. Heard the learned Counsel appearing for the appellant and the
learned Government Advocate (Crl.Side) appearing for the respondent
Police.
6. It is seen that the earlier bail petition has been dismissed by this
Court on the ground that the investigation was pending and the charge
sheet was not filed. Now the investigation has been completed and the
charge sheet has been filed and the designated Court has taken the charge
sheet on file in Spl.S.C.No.17 of 2021 and adjourned the matter to
09.08.2021. Though the case is at the state of appearance, considering the
facts and circumstances of the case and the activity of the petitioner that
being a public servant, the petitioner had promised to marry the deceased
and had affairs with her and subsequently refused to marry her by
showing her caste. In this circumstances, this Court is not inclined to
allow this Criminal Appeal by granting bail to the appellant.
Accordingly, this Criminal Appeal is dismissed.
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CRL A No.364 of 2021
7. Since, the case has already been pending before the designated
Court, the designated Court is directed to complete the formalities, frame
the charges and proceed with the trial and dispose of the trial within a
period of six months from the date of receipt of copy of this order.
04.08.2021
Internet: Yes/No
Speaking Order/Non Speaking Order
ksa-2
Note: Issue order copy on 06.08.2021.
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CRL A No.364 of 2021
To
1. The Special Court for SC/ST (prevention of Atrocities) Act,
Thiruvannamalai (Designated Court)
2.The Inspector of Police
Thiruvannamalai East Police Station
Thiruvannamalai
3.The Deputy Superintendent of Police
Thiruvannamalai Town Sub Division
Thiruvannamalai
4.The Public Prosecutor Officer, High Court, Madras.
5.The Section Officer, Criminal Section, High Court, Madras.
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CRL A No.364 of 2021
P.VELMURUGAN, J
ksa-2
Criminal Appeal No.364 of 2021
04.08.2021
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