Madras High Court
R.Thangaraj vs The State on 22 June, 2021
Crl.A.No.313 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.313 of 2021
R.Thangaraj ... Appellant
Vs.
1.The State,
Rep. by the Inspector of Police,
Karamadai Police Station,
Coimbatore District.
(Crime No.223 of 2019)
2.The Deputy Superintendent of Police,
Periyanaickenpalayam Sub Division,
Coimbatore District.
3.P.Sasikumar ... Respondents
PRAYER: Criminal Appeal is filed under Section 14(A)(2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2018, to set aside the order passed in Crl.M.P.No.910 of 2021, dated 09.03.2021
by the learned Principal District and Sessions Judge, Coimbatore and
consequently enlarge the appellant on bail in respect of Crime No.223 of 2019,
on the file of the Deputy Superintendent of Police, Periyanaickenpalayam,
Coimbatore.
1/7
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Crl.A.No.313 of 2021
For Appellant : Mr.S.B.Viswanathan
For Respondents : Mr.S.Sugendran
Government Advocate
(Criminal Side) for R1 and R2
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.910 of 2021, on 09.03.2021 by the learned Principal District and
Sessions Judge, Coimbatore and enlarge the appellant on bail.
2. The case of the prosecution is that on 29.07.2019 at about 14.00 hours,
when the defacto complainant was in his house, he heard the noise of his
neighbour Sujatha. When the defacto complainant had gone to that place and
saw that her left hand was cut off and the appellant was standing in that place
along with the Aruval in one hand and in another hand, he is holding the cut off
hand of Sujatha.
3. The appellant is facing the trial under Sections 307, 448 of IPC and 4 of
Tamil Nadu Prohibition of Harassment of Woman Act, 2002, and Section 3
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Crl.A.No.313 of 2021
(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2018. The appellant herein had filed a petition before the
learned Principal District and Sessions Judge, Coimbatore, seeking bail and the
learned Principal District and Sessions Judge, Coimbatore vide order dated
09.06.2021 in Crl.M.P.No.910 of 2021, dismissed the petition, as there is a
specific overt act attributed against the appellant. Challenging the said order,
the appellant is before this Court.
4. The learned counsel for the appellant would submit that the appellant
is an innocent and he has been falsely implicated in this case and he is nothing
to do with the said commission of offences as alleged by the prosecution. He
would further submit that the appellant is in custody for more than 600 days and
he is ready to abide by any conditions that may be imposed by this Court and
prays for allowing the Appeal.
5. The learned Government Advocate (Criminal Side) would submit that
there is a specif overt act attributed against the appellant and the appellant
had severed the hand of the victim and at the time of occurrence, he was
standing in the place along with the Aruval in one hand and in another hand he
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Crl.A.No.313 of 2021
is holding the cut off hand of the victim. Hence, the respondent-Police has
registered the case against the appellant for the offence under Sections 307,
448 of IPC and 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002,
and Section 3 (2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Amendment Act, 2018. It is further submitted that now the charge
sheet has been filed before the designated Court, viz., Principal District and
Sessions Judge, Coimbatore and the same was taken on its file in S.C.No.29 of
2019 and the case is coming up for hearing for hearing on 28.06.2021.
6. Heard the learned counsel for the appellant and the learned
Government Advocate (Crimial Side) for the respondent and perused the
materials available on record.
7. In the complaint and the F.I.R., there is a specific overt act attributed
against the appellant. Considering the serious nature of the offence, alleged to
have been committed by the appellant and also considering the fact that now
charge sheet has been filed and the same was taken on file in S.C.No.29 of 2019
by the learned Principal District and Sessions Judge, Coimbatore and the matter
is coming up for hearing on 28.06.2021, and if the appellant is released on bail,
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Crl.A.No.313 of 2021
there is a possibility of tampering the witnesses and therefore, this Court is not
inclined to allow the Appeal. However, the learned Principal District and
Sessions Judge, Coimbatore is directed to complete the formalities and frame
charges and proceed the case and dispose the same as early as possible,
preferably, within a period of six months from the date of receipt of a copy of
this order.
8. With the above observations, this Criminal Appeal is dismissed.
22.06.2021
Speaking Order / Non-speaking order
Index : Yes / No.
Internet : Yes.
rns
https://www.mhc.tn.gov.in/judis/
Crl.A.No.313 of 2021
To
1.The Principal District and Sessions Judge,
Coimbatore.
2.The Inspector of Police,
Karamadai Police Station,
Coimbatore District.
3.The Deputy Superintendent of Police,
Periyanaickenpalayam Sub Division,
Coimbatore District.
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Crl.A.No.313 of 2021
P.VELMURUGAN, J.
rns
Crl.A.No.313 of 2021
22.06.2021
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