Madras High Court
Ajith @ Pappaali vs The Deputy Superintendent Of ... on 11 November, 2021
Crl. A.(MD)No.426 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 11.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.426 of 2021
Ajith @ Pappaali .. Appellant/Petitioner/A1
Vs.
1.The Deputy Superintendent of Police,
Rural Sub Division,
Pudukkottai Police Station,
Thoothukudi.
2.The Inspector of Police,
Pudukkottai Police Station,
Thoothukudi District.
(Crime No.501/2020) ..Respondents/Respondent/Complainant
3.Periyanayagam .. 3rd Respondent/3rd respondent/De facto Complainant
Prayer : This criminal appeal is filed under Section 14-A(2) of Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015, to call for the records and set aside the order dated 08.09.2021 made
in Crl.M.P.849/2021 in S.C.No.10 of 2021 on the file of Sessions Judge,
Special Court for trial of the cases under SC/ST (POA) Act, Thoothukudi
and enlarge the petitioner on bail.
1/5
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Crl. A.(MD)No.426 of 2021
For Appellant : Mr.V.Malaiyendran
For R1 and R2 : Mr.K.Sanjay Gandhi
Government Advocate
For R3 : Died
JUDGMENT
The allegation raised by the petitioner is that the petitioner
committed an offence under Section 341, 294 (b), 302, 506(ii) and 120 (b)
of IPC and Section 3 (1) (r), 3 (2) (Va) and 3 (2) (V) of SC/ST (POA) Act.
The petitioner was arrested on 03.09.2020. The petitioner filed a petition for
bail in Crl.M.P.No.849 of 2021 in S.C.No.10 of 2021 and that petition was
dismissed by the Special Court for trial of the cases under SC/ST Act,
Thoothukudi. Against the order, the petitioner referred the appeal.
2.On the side of the appellant, it is stated that the Court below had
erroneously held that there was a threat to the life of the complainant. The
petitioner never threatened the defacto complainant and never abused the
defacto complainant uttering his caste name and the petitioner was falsely
implicated in the case and the proceedings under the Goondas Act was
revoked by the High Court. The investigation was already over and charge
sheet was filed. The petitioner is in confinement for the past 275 days. The
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Crl. A.(MD)No.426 of 2021
petitioner is having a permanent residence. A case in Crl.A.No.242 of 2021
filed before this Court was dismissed on 12.07.2021. A subsequent bail
petition before the Special Court was dismissed on 08.09.2021 and this is
the second bail appeal before this Court and prayed the appeal to be
allowed.
3.On the side of the prosecution, it is stated that totally three
accused involved in the offence. The petitioner is A1 in the case and he
attacked the complainant with Aruval and the petitioner is having seven
previous cases he is a history-sheeted rowdy and History Sheet No.01 of 20
is maintained.
4.On the side of the petitioner, it is stated that out of the seven
previous cases, one case is registered under the NDPS Act and the other
cases are under 506 (ii) IPC and this false case foisted against the petitioner
just because he questioned the illegal conduct of the deceased with his
relative Annamal.
5. It is seen that already charge sheet was filed in this case in
S.C.No.10 of 2021. Considering the previous antecedents of the petitioner
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Crl. A.(MD)No.426 of 2021
and considering the fact that the case is ripe for trial, this court is not willing
to release the petitioner on bail. The appeal is herein dismissed.
11.11.2021
Index : Yes/No
Internet : Yes/No
sn/lr
Note : In view of the present lock down owing to COVID – 19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Deputy Superintendent of Police,
Rural Sub Division,
Pudukkottai Police Station,
Thoothukudi.
2.The Inspector of Police,
Pudukkottai Police Station,
Thoothukudi District.
(Crime No.501/2020)
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.426 of 2021
R. THARANI, J.
sn/lr
Crl. A.(MD)No.426 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
