Madras High Court
Duraisamy vs State Rep.By on 28 October, 2021
Crl.A.No.500 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
CRL.A.No.500 of 2021
Duraisamy ....Appellant
.Vs.
1.State Rep.by
The Inspector of Police,
Mecheri Police Station,
Salem District,
Crime No.484 of 2021.
2.Ravichandran .. Respondents
Criminal Appeal filed under Section 14(A)(2) of SC & ST of
Prevention of Atrocities Act r/w 374(2) Cr.P.C to set aside the order
passed in Crl.M.P.No.3571 of 2021 dated 28.09.2021 passed by the
Principal Sessions Judge, Salem.
For Appellant : Mr.B.Gopalakrishnan
for Mr.B.Kumarasamy
For Respondents : Mr.S.Sugendran
Government Advocate (Crl.Side)
for R1
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Crl.A.No.500 of 2021
JUDGMENT
This Criminal Appeal has been filed against the order dated
28.09.2021 in Crl.M.P.No.3571 of 2021 by the learned Principal
Sessions Judge, Salem.
2.The second respondent/de facto complainant filed a complaint
against the accused/appellant before the first respondent/police.
Subsequently, they have registered a case in Crime No.484 of 2021
against the appellant for the offence punishable under Sections 354(A)
IPC r/w 3(ii) (v) (a) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 [hereinafter referred to as 'SC/ST
Act' for the sake of convenience] and he was arrested and remanded to
judicial custody on 01.09.2021. During the pendency of the
investigation, the appellant/accused filed a petition by invoking Section
439 Cr.P.C before the learned Principal Sessions Judge, Salem seeking
bail. After hearing the arguments, the Designated Court by an order dated
28.09.2021 dismissed the petition. Hence, the present Criminal Appeal.
3.The learned counsel for the appellant would submit that a false
case has been foisted against the appellant and he is in no way connected
with the alleged offence. The appellant is in judicial custody for more
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Crl.A.No.500 of 2021
than 50 days. Therefore, he prays to grant bail to the appellant.
4.The learned Government Advocate (Crl.Side) for the first
respondent would submit that the investigation has been completed and
the respondent police filed a charge sheet before the Designated Court
and the same was taken on file in Spl.S.C.No.28 of 2021. He would
further submit that the case is coming up for next hearing on 30.11.2021
for further proceedings. He would further submit that if the appellant is
released on bail there is a possibility of tampering the witnesses and trial
would be protracted and hence, he strongly objects to grant of bail to the
appellant.
5.Heard the learned counsel for the appellant and the learned
Government Advocate (Crl.Side) for the first respondent and also
perused the materials available on record.
6.Considering the fact that the victim is a woman and the
allegations levelled against the appellant for the offence under Sections
354(A) and 3(ii) (v) (a) of SC/ST (POA) Act are serious in nature, this
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Crl.A.No.500 of 2021
Court is of the view that if the appellant is released on bail there is a
possibility of tampering the witnesses and destroy the material evidence.
7.In the view of the above, this Court is not inclined to grant bail to
the appellant. Accordingly, this Criminal Appeal is dismissed.
8.The learned Principal Sessions Judge, Salem, is directed to
dispose of the case in Spl.S.C.No.28 of 2021 within a period of three
months from the date of receipt of a copy of this order.
28.10.2021
Index: Yes/No
Internet: Yes/No
ms
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Crl.A.No.500 of 2021
To
1.The Principal Sessions Judge,
Salem.
2.The Superintendent,
Central Prison, Salem.
3.The Inspector of Police,
Mecheri Police Station,
Salem District.
4.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.500 of 2021
P.VELMURUGAN, J.
ms/pbl
CRL.A.No.500 of 2021
28.10.2021
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