Madras High Court
Sudhakar vs The State Rep By Its on 22 October, 2021
Crl.A.No.461 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:22.10.2021
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.461 of 2021
1.Sudhakar
[email protected] Ravivarman
3.Arumugam
4.Senthil
5.Jayakumar @ Govindasamy
6.Ayyappan
7.Thangarasu
8.Eagambaram ...Appellants
Vs
1. The State Rep by its
The Inspector of Police,
Marakkanam Police Station,
Villupuram District.
In Crime No. 208 of 2021
...Respondent/complainant
2. Thamaraiselvi
...Respondent/defacto-complainant
Prayer: Criminal appeal is filed under Section 374 (2) of Code of Criminal
Procedure praying to set aside the order passed by the learned Session
Judge, Special Court for Exclusive Trial of Cases Registered under the
1/6
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Crl.A.No.461 of 2021
Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, Villupuram in Crl.M.P.No.1242 & 1243 of 2021 dated 03.08.2021
and enlarge the appellants on bail in Cr.No.208 of 2021 on the file of
respondent police.
For Appellant : Mr.S.Saravana Kumar
For Respondent-1 : Mr.S.Sugendran
Government Advocate (Criminal Side)
For Respondent-2 : Affidavit of Service filed
JUDGMENT
This Criminal Appeal has been filed against the order passed by the
learned Session Judge, Special Court for Exclusive Trial of Cases
Registered under the Scheduled Caste and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989, Villupuram, in Crl.M.P.No.1242 & 1243 of 2021
dated 03.08.2021.
2. The respondent police registered a case against the petitioners in
Crime No.208 of 2021 originally for the offence under Sections 147, 148,
341, 294(b), 324, 506 (ii) and 307 of IPC following which, the petitioners
were arrested and remanded to judicial custody. In the meantime, the
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Crl.A.No.461 of 2021
respondent police conducted investigation and altered the offences Sections
147, 148, 341, 294(b), 324, 506 (ii) and 307 of IPC @ 147, 148, 341,
294(b), 506 (ii) read with 302 IPC @ 147, 148, 341, 294(b), 506(ii) read
with 302 IPC read with 3(1)(r)(s) of SC/ST POA Act. Subsequently, the
petitioners filed applications before the designated Court seeking for bail
in Crl.M.P.Nos.1242 and 1243 of 2021 and the same was dismissed by
order dated 03.08.2021. Against which, the accused have filed the present
appeal before this Court seeking for grant of bail.
3. The learned counsel for the appellants would submit that even in
the FIR, there is no such allegations which would attract the offence under
SC/ST Act and that, not all the accused are members of the non Scheduled
Caste community. Therefore, the ingredients for the offence under SC/ST
Act would not attract against all the accused and the trial court failed to
consider the same and simply dismissed the petitions which warrants
interference.
4. The learned Government Advocate (Crl. Side) would submit that
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Crl.A.No.461 of 2021
admittedly in the FIR, there is no such allegations which would attract
offence under SC/ST Act. However, during the course of investigation, the
respondent police found that the offence committed by the accused would
also attract offence under SC/ST Act and thereby, the offences were altered
accordingly. He would submit that the matter is pending before designated
Court and that the petitions filed by the appellants were dismissed by the
designated Court based on the final report filed by the respondent police.
5. Heard the learned Counsel for the appellants and the learned
Government Advocate (Crl. Side) and perused the materials on record.
6. It is seen that though some of the accused are non members of
SC/ST community, they all have filed single application seeking bail
which clearly shows their common intention. Even otherwise, the offence
committed by the accused would attract the offences under Sections 147 and
148 IPC.
7. Therefore, considering the serious nature of the offences and since
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Crl.A.No.461 of 2021
one of the offence is under Section 302 IPC, this Court is of the opinion that
if the appellants are released on bail at this stage, there is every possibility
of the appellants tampering the witnesses and also there is possibility of
communal clash. Therefore, this Court is not inclined to grant bail to the
appellants.
8. Accordingly, this Criminal Appeal is dismissed.
22.10.2021
To:
1.The Session Judge,
Special Court for Exclusive Trial of Cases Registered
under the Scheduled Caste and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, Villupuram.
2. The Inspector of Police,
Marakkanam Police Station,
Villupuram District.
3. Public prosecutor,
High Court of Madras.
4. The Section Officer, Criminal Section,
High Court, Madras.
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Crl.A.No.461 of 2021
P.VELMURUGAN,J.
dsn
Crl.A.No. 461 of 2021
22.10.2021
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