Madras High Court
P.Mohan vs The Deputy Superintendent Of ... on 10 August, 2021
CRL A No.371 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Criminal Appeal No.371 of 2021
P.Mohan .. Appellant / Petitioner/Accused-1
Vs.
1. The Deputy Superintendent of Police
Omalur
Salem District ... 1st Respondent
2. The Inspector of Police
Tharamangalam Police Station
Salem District
.. 2nd Respondent/Respondent/Complainant
3.Amsavalli
... 3rd Respondent/Defacto complainant
Prayer : Criminal Appeal filed under Section 14-A of the Scheduled
castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 read
with 374 (3) of Cr.P.C. praying to set aside the order passed in bail
petition in C.M.P.No.2356 of 2021 in Crime NO.408 of 2021 dated
29.07.2021 on the file of Principal Sessions Judge, Salem and enlarge the
appellant on bail pending Crime No.408 of 2021 on the file of the 2nd
respondent police.
For Appellant : Mr.W.Camyles Gandhi
For Respondents 1 &2 : Mr.S.Sugendran
Government Advocate (Crl.Side)
1/6
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CRL A No.371 of 2021
JUDGMENT
(The case has been heard through video conference)
This Criminal Appeal has been filed seeking to set aside the order
dated 29.07.2021 in C.M.P.No.2356 of 2021 passed by the Principal
Sessions Judge, Salem, and to enlarge the appellant on bail in Crime
No.408 of 2021 on the file of the 2nd respondent police.
2. The appellant is A1 in Crime No.408 of 2021. Originally the
case was registered against 5 persons. The defacto complainant is the
President of T.Konagapaddy Panchayat. On 22.07.2021 at about 10.30
a.m. while she was on duty at her office, the accused came to her office
and demanded house tax receipt and also physically assaulted and
humiliated her by using her caste name in public. Therefore, the case
was registered against the appellant and others for the offence punishable
under Sections 147, 294(b), 332, 323, 506(i) IPC read with 3(1)(r),
3(1)(s), 3(2)(va) of SC/ST (POA) Act following which, the appellant was
arrested and remanded to judicial custody on 24.07.2021. Subsequently,
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CRL A No.371 of 2021
the appellant filed a petition before the Principal Sessions Judge, Salem,
seeking grant of bail and the same was dismissed by the learned Sessions
Judge by order dated 29.07.2021. Therefore, the appellant has filed this
present Criminal Appeal before this Court.
3. The learned Counsel for the appellant would submit that the
appellant is the 5th Ward Member of the said Panchayat and he has not
involved in any offence. Further, on the date of occurrence, the appellant
was not in town and he was not present in the scene of occurrence. In fact
the defacto complainant was not at all present in the said office on the
date of occurrence and a false case has been foisted against the appellant
due to previous motive. He would further submit that the petitioner was
arrested and remanded to judicial custody on 24.07.2021 and he has
been in judicial custody for more than 20 days. Hence, he prays for grant
of bail.
4. The learned Government Advocate (Crl. Side) would submit that
the defacto complainant is the President of T.Konagapaddy Panchayat
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CRL A No.371 of 2021
and the appellant is the 5th Ward Member. On the date of occurrence, the
appellant along with other accused had gone to the defacto complainant's
office and demanded house tax receipts for which the Clerk one
Manikandan has replied that the concern person for whom the receipt is
to be issued, should appear in person and the defacto complainant also
directed to do so. At that time, the appellant along with other accused
abused the defacto complainant by using her caste name and filthy
language and there is a specific overt-act against the appellant.
Therefore, if the petitioner is released on bail, there is every possibility of
the appellant tampering the witnesses which would affect the
investigation. Hence, he vehemently opposed for grant of bail.
5. Heard the learned Counsel appearing for the appellant and the
learned Government Advocate (Crl Side) appearing for the respondent
police and perused the materials on record.
6. Considering the nature of offence that the petitioner being a
ward member, has behaved rudely with his colleague who is a public
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CRL A No.371 of 2021
servant and restrained her from doing her work and that there is a
specific over-act against the appellant. Therefore, this Court is not
inclined to grant bail to the appellant.
7. Accordingly, this Criminal Appeal is dismissed.
10.08.2021
Internet: Yes/No
Speaking Order/Non Speaking Order
ksa-2
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CRL A No.371 of 2021
P.VELMURUGAN, J
ksa-2
To
1. The Principal Sessions Judge, Salem
2. The Deputy Superintendent of Police
Omalur
Salem District
3. The Inspector of Police
Tharamangalam Police Station
Salem District
4.The Public Prosecutor Officer, High Court, Madras.
5.The Section Officer, Criminal Section, High Court, Madras.
Criminal Appeal No.371 of 2021
10.08.2021
https://www.mhc.tn.gov.in/judis/
