Madras High Court
Logesh vs State Represented By on 23 December, 2021
Crl.A.No.606 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.A.No.606 of 2021
Logesh ... Appellant
Vs.
1. State represented by,
The Inspector of Police,
Namakkal Police Station,
Namakkal.
2. The Deputy Superintendent of Police,
Namakkal,
Namakkal District.
(Crime No.1661 of 2021)
3. Chitra ... Respondents
PRAYER: The Criminal Appeal is filed under Section 14A(2) of SC &
ST (PoA)Amendment Act, 2018, to call for the records and to set aside
the judgment dated 11.11.2021 made in C.M.P.No.232 of 2021 on the
file of the learned Sessions Judge, Special Court for SC/ST (PoA) Act,
Namakkal and enlarge the appellant on bail, pending investigation in
Crime No.1661/2021 on the file of the respondent police.
For Appellant : Mr.T.Hariramachandran
For R1 & R2 : Mr.S.Sugendran
Government Advocate (Crl.Side)
R3 : Party in person
1/8
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
JUDGMENT
The Appeal has been filed against the dismissal of the Appeal filed
in C.M.P.No.232 of 2021 dated 11.11.2021 by the learned Sessions
Judge, Special Court for SC/ST(PoA) Act, Namakkal.
2. The case of the prosecution as per the defacto complainant is as
under:-
(a) The defacto complainant/Chitra, mother of the deceased/
Priyadharshini, is a resident of Vasanthapuram, Namakkal. She has two
daughters and one son. Her elder daughter Priyadharsini has completed
M.E., and was working in a private company; younger daughter Dhivya
Dharsini had completed B.E., and was working in private concern; her
son Divakar was undergoing law course.
(b) On 29.09.2021 at 2.30 pm, defacto complainant had gone
home for lunch and had seen her elder daughter crying and when she
enquired her, she had informed that one Logesh/accused and she were in
love for five years and when she had asked the said Logesh to marry her,
he had told her that she belongs to Scheduled Caste community and he
belongs to upper caste community and that he had refused to marry her.
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
Thereafter, the defacto complainant's daughter had called Viji/sister of
the said Logesh, she had also abused her by calling her caste name.
Thereafter, the defacto complainant consoled her and went back to her
work and about 3.30 pm, her neighbour had called her over phone and
informed that her daughter was speaking loud to someone in phone and
later she had gone inside the house and closed the door. On information,
the defacto complainant had rushed back home and she had found that
the door was locked from inside. With the help of neighbours, she had
opened the door and found her daughter hanging in the ceiling fan with
the saree. Immediately, the defacto complainant and her neighbours had
rescued her and taken her to the hospital, but on the next day, she died.
(c) Based on the complaint given by the defacto
complainant, case in Crime No.1166/2021 was registered against the said
Logesh and her sister Viji for the offence under Section 306 IPC r/w
3(1)(s), 3(2)(v) SC/ST Act and the appellant was arrested on 17.10.2021.
The appellant, thereafter, filed the C.M.P.No.232 of 2021 for bail on the
file of the Trial Court and the Trial Court by an order dated 11.11.2021,
had dismissed the petition against which the present appeal has been
filed.
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
3. Learned Counsel appearing for the appellant would submit that
the appellant is innocent and he has been falsely implicated in this case
and he would further submit that the sister of the appellant and the
deceased were friends and thereby, the deceased and the appellant got
acquainted with each other and were friends for the past five years. He
would submit that the victim had committed suicide for reasons not
known to the appellant whereas, the defacto complainant had given a
false case as if the appellant is responsible. The learned counsel would
further submit that there is absolutely no evidence to show that the
appellant abetted the victim to commit suicide. As on date, seven
witnesses have been examined by the prosecution and the major part of
the investigation is also completed and thereby, he would seek for bail.
4. Per contra, the learned Government Advocate (Crl.Side) would
submit that the appellant belongs to the upper caste community and the
victim belongs to the scheduled caste community. He would submit that
the victim and the sister of the appellant are known to each other and in
that way, the appellant developed friendship with the victim and after
being in relationship for the past five years, he had refused to marry her
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
on account of her caste and he had also abused her both mentally and
physically. He would further submit that when the victim had informed it
to the sister of the appellant, she had also abused the victim by calling
her caste name and she had also spread false stories touching upon the
character of the victim and the victim unable to tolerate the humiliation,
committed suicide by hanging and she had also left a detailed suicide
note and she had also left a video clipping in her mobile phone
implicating the appellant and the investigation is still pending. He would
further submit that the sister of the appellant is yet to be apprehended in
this case.
5. The third respondent/defacto complainant is present before this
Court. She would submit that the appellant developed friendship with her
daughter and had abused her physically and also mentally and after being
in a relationship with her for five years refused to marry her on account
of her caste. She would further submit that the appellant had also abused
the victim calling by her caste name and had also spread false stories
about her daughter touching upon her character, which lead to suicide of
her daughter.
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
6. In this case, the alleged accused/appellant had abused the victim
and thereafter, had refused to marry her. The victim had left suicide note.
This Court perused the CD file and the copy of the suicide note. It is
reported by the prosecution that the investigation is still pending. It is not
a fit case for grant of bail at this stage.
7. In view of the above, this court is not inclined to grant bail to
the appellant. Accordingly, the Criminal Appeal is dismissed.
23.12.2021
Index: Yes/No
Internet: Yes/No
ham
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
To
1. The Sessions Judge,
Special Court for SC/ST (PoA) Act,
Namakkal.
2. The Inspector of Police,
Namakkal Police Station,
Namakkal.
3. The Deputy Superintendent of Police,
Namakkal,
Namakkal District.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.A.No.606 of 2021
A.D.JAGADISH CHANDIRA,J.
ham
Crl.A.No.606 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
