Madras High Court
Abinesh vs The Deputy Superintendent Of ... on 4 February, 2021
Crl.A.No.48 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
CRL.A.No.48 of 2021
1. Abinesh
2. Silambarasan
3. Selvakumar .. Appellants
.Vs.
1. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police
Perambalur, Perambalur District.
2. State represented by its
Inspector of Police
Maruvathur Police Station,
Perambalur District
(Crime No.1138 of 2020)
3. Chithra .. Respondents
Criminal Appeal filed under Sections 14 (A)(2) of S.C./ST Act
praying to set aside the order passed in E.Bail No.52/2021 on 22.01.2021
by the Sessions Judge, Special Court for SC/ST (POA) Act, Perambalur
and the petitioners released on bail.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.48 of 2021
For Petitioner : Mr.S.Arivalazhagan
For Respondent : Mr.R.Suryaprakash
Government Advocate
JUDGMENT
The respondent police registered a case against the petitioner for
the offences punishable under Sections 147, 294(b), 323, 506(i) of I.P.C.
and 3(1)(r), 3(1)(s), 3 (1)(j) & 3(2)(va) of SC/ST (PoA) Amendment Act,
2015 The petitioners were arrested and remanded to judicial custody on
11.12.2020 and till today, they are in jail. The appellant filed bail
application before the learned Sessions Judge, Special Court for SC/ST
(PoA) Act, Perambalur and the learned Judge, vide order dated
22.01.2021 dismissed the bail petition filed by the petitioner by
observing that there is no change in the circumstances . Challenging the
said order, the petitioner filed this appeal before this Court.
2. The learned counsel for the appellant would submit that the
appellants are nothing to do with the alleged offence and they are in
judicial custody for morethan 50 days and therefore they may be granted
bail.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.48 of 2021
3. The learned Government Advocate (Crl.side) would submit that
the investigation is pending and therefore strongly objected for the grant
of bail.
4. Heard both sides. Perused the records.
5. The allegations in the FIR is serious in nature and further the
investigation is pending and there is specific overtact against the
petitioner and if he is released on bail, there is possibility of tampering
the witness and hampering the investigation and there is likelihood of
communal clash.
6. Under these circumstances, this Court finds that there is no
perversity, infirmity or illegality in the order passed by the learned
Sessions Judge and the same is liable to be dismissed.
7. Accordingly, this Criminal Appeal is dismissed.
04.02.2021
arr
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
https://www.mhc.tn.gov.in/judis/
Crl.A.No.48 of 2021
P.VELMURUGAN,.J.
arr
To
1. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police
Perambalur, Perambalur District.
2. The Inspector of Police
Maruvathur Police Station,
Perambalur District
CRL.A.No.48 of 2021
04.02.2021
https://www.mhc.tn.gov.in/judis/
Crl.A.No.48 of 2021
https://www.mhc.tn.gov.in/judis/
