Madras High Court
Udhayakumar vs The State Represented By on 8 October, 2021
Crl.A.No.472 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.472 of 2021
Udhayakumar ... Appellant
Versus
1.The State represented by,
Inspector of Police,
Ranipet, AWPS
Crime No.11/2021.
2. M.Malathi ... Respondents
Criminal Appeal filed under Section 14 A (2) of the SC/ST (Prevention
of Atrocities) Act, 1989 as amended by Act 1/2016 to call for the records
pertaining to the order dated 28.09.2021 in Cr.M.P.No.296/2021 on the file of
the Learned Sessions Judge, Special Court for Trial of Cases under SC/ST
(POA), Act, Vellore and to set aside the same and consequently enlarge the
appellant on bail in Crime No.11/2021 on the file of the Inspector of Police,
All Women Police Station, Ranipet District.
For Appellant : Mr.Hari Radhakrishnan
For Respondent : Mr.S.Sugendran
Government Advocate (Crl.Side)
for R1
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Crl.A.No.472 of 2021
JUDGMENT
This Criminal Appeal has been filed against order dated 28.09.2021 in
Cr.M.P.No.296 of 2021 on the file of the learned Sessions Judge, Special
Court for Trial of Cases under SC/ST (POA), Act, Vellore.
2.The case of the prosecution as per the defacto complainant/2nd
respondent herein is that the appellant on the promise of marrying her had
sexual intercourse with her several times. Thereafter, when she insisted the
appellant to marry her, the appellant along with the other accused abused her
by uttering her caste name and thereby, cheated the de facto complainant and
spoiled her entire life. Hence, the de facto complainant filed a complaint
against the appellant.
3.The respondent police registered a case in Crime No.11 of 2021
initially for the offence punishable under Sections 417 read with Sections
3(1)(s), 3(1)(w)(i) of SC/ST (POA) Amendment Act, 2015 and later altered
into Sections 417, 376 IPC read with Sections 3(1)(s), 3(1)(w)(i), 3(1)(r),
3(2)(v) of SC/ST (POA) Amendment Act, 2015 and he is in custody from
10.08.2021. During the pendency of the investigation, the appellant along
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Crl.A.No.472 of 2021
with other accused filed a petition before the Designated Court in
Crl.M.P.No.254 of 2021 seeking bail. By an order dated 10.08.2021, the
Designated Court granted bail in favour other accused and dismissed as
against the appellant herein. Aggrieved over the same, the appellant preferred
an appeal in Crl.A.No.388 of 2021 before this Court and the same was
dismissed on 25.08.2021. Thereafter, the appellant filed Crl.M.P.No.296 of
2021 before the Designated Court seeking bail and the same was dismissed
on 28.09.2021. Challenging the said order, the appellant has come forward
with the present appeal.
4. Heard the learned counsel for the appellant and the learned
Government Advocate (Crl.Side) for the respondent and also perused the
materials available on record.
5. It is seen from the records and the submissions made by the learned
counsel on either side, this Court finds that the appellant is a prime accused
and there is specific overt act attributed against him and investigation is
pending and charge sheet not yet filed. This Court has already dismissed the
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Crl.A.No.472 of 2021
earlier appeal in Crl.A.No.388 of 2021 on 25.08.2021 and there is no change
of circumstances in the present appeal.
6..Considering the serious nature of the offence, this Court does not
find any perversity in the order passed by the learned Sessions Judge, Special
Court for Trial of Cases under SC/ST (POA), Act, Vellore. Accordingly, this
Criminal Appeal is dismissed.
08.10.2021
Index : Yes/No
Speaking Order/Non Speaking Order
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Crl.A.No.472 of 2021
To
1.The Sessions Judge,
Special Court for Trial of Cases under SC/ST (POA), Act,
Vellore.
2.The Superintendent,
Central Prison, Vellore.
3.The Public Prosecutor,
High Court, Madras.
4.The Inspector of Police,
Ranipet All Women Police Station,
Vellore.
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Crl.A.No.472 of 2021
P.VELMURUGAN, J.
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Crl.A.No.472 of 2021
08.10.2021
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