Madras High Court
Varadharaj vs State:Deputy Superintendent Of ... on 29 December, 2021
Crl.A.No.716 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.716 of 2021
1.Varadharaj
2.Murali Babu
... Appellants
Vs.
1.State:Deputy Superintendent of Police,
Denkanikottai,
Krishnagiri District.
(Crime No.366 of 2021 of Thally Police Station)
2.State:Inspector of Police,
Thally Police Station,
Krishnagiri District. ... Respondents / Complainants
3.M.Raja ...Respondent/De Facto Complainant
Criminal Appeal is filed under Section 14-A of the amendment SC/ST Act
2015, praying to allow the above Criminal Appeal and set aside the dismissal
bail order 14.12.2021 passed by the Learned the Principal Sessions Judge,
Krishnagiri in Crl.M.P.No.2465 of 2021 and release the appellants on bail
pending investigation in Crime No.366 of 2021 on the file of the respondent
police.
For Appellants : Mr.M.P.Saravanan
For Respondents 1 and 2 : Mr.R.Murthi
Government Advocate (Crl.Side)
Page 1 of 4
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Crl.A.No.716 of 2021
JUDGMENT
This Criminal Appeal has been filed against the order dated 14.12.2021
made in Crl.M.P.No.2465 of 2021 passed by the Learned the Principal
Sessions Judge, Krishnagiri and subsequently enlarge the appellants on bail in
connection with Crime No.366 of 2021 on the file of the respondent police.
2. The respondent police registered a case against the appellants in Crime
No.366 of 2021 for the offences under Sections 302, 201 of IPC and Section
3(2) (v) of SC/ST (P & A) Act following which, the appellants were arrested
and remanded to judicial custody and during pendency of the investigation, the
appellants filed a petition before the learned Principal and Sessions Judge,
Krishnagiri, in Crl.M.P.No.2465 of 2021 seeking for bail and the learned
Sessions Judge, by order dated 14.12.2021 dismissed the same. Challenging the
said order of dismissal, the appellants have filed the present appeal before this
Court.
3. The learned Counsel for the appellants would submit that due to
previous enmity, a false case has been foisted against the appellants and they
are no way connected with the alleged offence. He would further submit that
the appellants have been suffering incarceration for more than 2 months and
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Crl.A.No.716 of 2021
that there is no specific overt-act against them. Hence, he would pray for grant
bail to the appellants.
4. The learned Government Advocate (Crl. Side) would submit that the
investigation has not been completed and if the appellants are released on bail,
there is every possibility of the appellants getting abscond and tampering the
witnesses.
5. Heard the learned Counsel for the appellants and learned Government
Advocate (Crl. Side) appearing for the respondent police and perused the
materials on record.
6. It is seen that the appellants who are arrayed as A1 and A2 in Crime
No.366 of 2021 have been charged for the offences under Sections 302, 201 of
IPC and Section 3(2) (v) of SC/ST (P & A) Act and that the investigation has
not been completed. Considering the grave nature of offence and since there is a
likelihood of communal clash in the locality if the appellants are released on
bail, this Court is not inclined to grant bail to the appellants.
7. Accordingly, this Criminal Appeal is dismissed.
29.12.2021
Index : Yes/No
Speaking Order/Non Speaking Order
ksa-2/dsn
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Crl.A.No.716 of 2021
P.VELMURUGAN, J.
ksa-2
To
1. The Principal and Sessions Judge, Krishnagiri
2. The Deputy Superintendent of Police,
Denkanikottai,
Krishnagiri District.
3. The Inspector of Police,
Thally Police Station,
Krishnagiri District.
4.The Public Prosecutor,
High Court, Madras.
Crl.A.No.716 of 2021
29.12.2021
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