Madras High Court
Sethupathi vs The Deputy Superintendent Of ... on 25 November, 2021
Crl. A.(MD)No.459 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 25.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.459 of 2021
Sethupathi .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Paramakudi,
Ramanathapuram District.
2.The State through
The Inspector of Police,
Paramakudi Town Police Station,
Ramnathapuram District.
(Crime No.175 of 2020)
3.Renuka .. Respondents
Prayer : This Criminal Appeal is filed under Section 14-A(1) of the Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to call for the
records and to set aside the order dated 13.10.2021 made in Crl.M.P.No.566 of 2021
on the file of learned Sessions Judge, Special Judge for Trial of Cases Registered
under SC/ST (POA) Act, 1989, Ramanathapuram.
For Appellant : Mr.C.Senthil Murugan
For Respondents 1 and 2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
1/6
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Crl. A.(MD)No.459 of 2021
JUDGMENT
This appeal has been filed to set aside the order in Crl.M.P.No.566 of
2021, dated 13.10.2021, on the file of the learned Sessions Judge, Special Judge for
Trial of Cases Registered under SC/ST (POA) Act, Ramanathapuram.
2.The case against the appellant is that there was previous enmity between
the appellant and the deceased. On 26.03.2021, at about 12 noon, the deceased was
found dead with injuries. A case in Crime No.175 of 2021 was registered against the
appellant under Section 302 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of
SC/ST (POA) Amendment Act. The appellant has filed a bail application in
Crl.M.P.No.566 of 2021 before the learned Sessions Judge, Special Court for Trial of
cases registered under SC/ST (POA) Act, Ramanathapuram. That petition was
dismissed by the trial Court on 13.10.2021. Against the same, the appellant has
preferred this Criminal Appeal.
3.On the side of the appellant, it is stated that there was no specific overt
act against the appellant. The body of the deceased was found in a channel. There is
absolutely no material evidence against the appellant. The allegation against the
appellant is that he used the vehicle of the deceased. The appellant is in custody for
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Crl. A.(MD)No.459 of 2021
the past 210 days. The appellant also belongs to the same community and hence, the
offence under SC/ST Act is not made out against the appellant and prayed the
appellant to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that totally six accused
involved in the case. The appellant is A1. The appellant is having six previous cases
including one murder case which reads as follows:
Sl. Police Station Crime Number Section
No.
1. Chatrakudi Police Station 156 of 2018 379 of IPC
2. Paramakudi Town Police 175 of 2021 302 of IPC, 3(1)(r), 3(1)
Station (s), 3(2)(va) SC/ST Act
3. Paramakudi Town Police 40 of 2020 294(b), 324, 506(ii) of
Station IPC
4. Paramakudi Town Police 367 of 2019 294(b) of IPC
Station
5. Paramakudi Town Police 276 of 2018 147, 148, 294(b), 323,
Station 324, 341, 506(ii) of IPC
6. Paramakudi Town Police 276 of 2017 387 of IPC
Station
7. Paramakudi Town Police 289 of 2015 380 of IPC @ 380, 414 of
Station IPC
5.It is seen that the vehicle of the deceased was stolen by some one and the
same was purchased by some other person for a sum of Rs.4,000/-. The deceased on
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Crl. A.(MD)No.459 of 2021
promise to repay the amount got back the vehicle. There was enmity between the
deceased and the appellant for the non payment of Rs.3,000/-. It is seen that the
appellant is in custody for the past 210 days. Chargesheet was already filed on
23.07.2021 and was taken on file as S.C.No.74 of 2021.
6.Considering the previous antecedents of the appellant and considering
the fact that there was another murder case pending against the appellant, this Court
is not inclined to grant bail to the appellant. Hence, this Criminal Appeal is
dismissed.
25.11.2021
Index : Yes/No
Internet : Yes/No
Mrn
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.459 of 2021
To
1.The Sessions Judge, Special Judge for trial of cases registered under SC/ST Act,
Ramanathapuram.
2.The Deputy Superintendent of Police,
Paramakudi,
Ramanathapuram District.
3.The Inspector of Police,
Paramakudi Town Police Station,
Ramnathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.459 of 2021
R.THARANI, J.
Mrn
Crl. A.(MD)No.459 of 2021
25.11.2021
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