P.Mohan vs The Deputy Superintendent Of ...
2021 Latest Caselaw 18194 Mad

Citation : 2021 Latest Caselaw 18194 Mad
Judgement Date : 6 September, 2021

Madras High Court

P.Mohan vs The Deputy Superintendent Of ... on 6 September, 2021

                                                                            Crl.A.No.405 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 06.09.2021

                                                        CORAM:

                                THE HON'BLE Mr. JUSTICE P.VELMURUGAN

                                           Criminal Appeal No.405 of 2021

                      P.Mohan                                                 ... Appellant

                                                          ..vs..

                      1.The Deputy Superintendent of Police,
                        Omalur,
                        Salem District.

                      2.The Inspector of Police,
                        Tharamangalam Police Station,
                        Salem District.

                      3.Amsavalli                                             ... Respondents

                            Criminal Appeal filed under Section 14 A of Scheduled Castes and
                      Scheduled Tribes (Prevention of Atrocities) Act, 2015 r/w 374(3) of
                      Cr.P.C to set aside the order in C.M.P.No.2356 of 2021 in Crime No.408
                      of 2021 dated 29.07.2021 on the file of the Principal Sessions Judge,
                      Salem and enlarge the appellant on bail pending in Crime No.408 of 2021
                      on the file of the 2nd respondent police.



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                                                                             Crl.A.No.405 of 2021

                            For Appellant             :     Mr.W.Camyles Gandhi

                            For Respondents           :     Mr.S.Sugendran
                                                            Government Advocate (Crl.Side)
                                                            for R1 and R2

                                              JUDGMENT

This Criminal Appeal has been filed against the order dated

29.07.2021 passed in C.M.P.No.2356 of 2021 by the learned Principal

Sessions Judge, Salem and to enlarge the appellant on bail.

2.The case of the prosecution as per the de facto complainant is

that she is the President of T.Konagapadi Panchayat. On the date of

occurrence i.e. on 22.07.2021, the appellant and four other named

accused were came to Panchayat Office and demanded house tax receipts

and the de facto complainant and concerned Clerk refused to give the said

receipts, there was a wordy quarrel arose between the appellant and the

de facto complainant and that the appellant and others assaulted and

abused her by using caste name in public. Hence, a case in Crime No.408

of 2021 was registered against the appellant for the offence under

Sections 147, 294(b), 332, 323, 506(i) IPC r/w 3(1)(r), 3(1)(s), 3(2)(va)

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of SC/ST (POA) Act.

3.Heard the learned counsel for the appellant and the learned

Government Advocate (Crl.Side) for the respondents 1 and 2 and also

perused the materials available on record.

4.The learned counsel for the appellant would submit that the

appellant is the 5th Ward Member of the said Panchayat and he is in no

way connected with the offence as alleged by the prosecution. He would

further submit that the appellant is in judicial custody for more than 40

days and hence, he prays for grant of bail to the appellant.

5.The learned Government Advocate (Crl.Side) for the respondents

1 and 2 would submit that the appellant is a habitual offender and he has

involved in five other cases, which are similar in nature and the same are

as follows :

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1 Tharamangalam Crime No.655 of 2009 under Sections 353, 506(i) Police Station IPC in C.C.No.19 of 2010. 2 Tharamangalam Crime No.272 of 2016 under Sections 147, 294(b), Police Station 324, 448, 427, 506(ii) IPC r/w 3(1) (r) (s)&(s)(va) of SC/ST (POA) Act 1989 (MF) 3 Tharamangalam Crime No.113 of 1019 under Sections 294(b), 324, Police Station 506(i) IPC 4 Tharamangalam Crime No.449 of 2020 under Sections 147, 341, Police Station 294(b), 506(i) IPC r/w 3(1)(r),3(2)(va)SC/ST(POA) Act-PT 5 Tharamangalam Crime No.199 of 2021 under Sections 126(iii) Police Station Representation Public Act (Election Case) -UI

He would further submit that the earlier bail petition in Crl.A.No.371 of

2021 was dismissed by this Court on 10.08.2021 and this is the second

bail petition and hence, he strongly objects to grant bail to the appellant.

6. It is seen from the records that the appellant is the prime accused

and there is a specific overt act attributed against the appellant and he has

also involved in other cases, which are similar in nature. This Court has

already dismissed the bail petition in Crl.A.No.371 of 2021 on

10.08.2021 and also that there is no change of circumstances.

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7.Considering the serious nature of the offence, this Court is not

inclined to allow the appeal. Accordingly, this Criminal Appeal is