Madras High Court
Raja P vs The Deputy Superintendent Of ... on 8 September, 2021
Crl.A.No.407 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.407 of 2021
Raja P ... Appellant
..vs..
1.The Deputy Superintendent of Police,
Kallakurichi Sub-Division,
Kallakurichi,
Kallakurichi District.
2.State rep.by
The Inspector of Police,
Kallakurichi AWPS,
Kallakurichi District,
Crime No.15 of 2021.
3.T.Gayathri ... Respondents
Criminal Appeal filed under Section 14 A of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 2015 to set aside the
order dated 12.08.2021 made in C.M.P.No.1276 of 2021 on the file of the
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Sessions Judge, Special Court for Exclusive trial of Cases under SC/ST
(POA) Act, Villupuram and to enlarge the appellant on bail in Crime
No.15 of 2021 pending investigation on the file of the respondent police.
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
12.08.2021 passed in C.M.P.No.1276 of 2021 by the learned Sessions
Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA)
Act, Villupuram.
2.The respondent police registered a case in Crime No.15 of 2021
against the appellant for the offence under Sections 417, 376 IPC r/w
3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and he was surrendered before the
respondent police on 19.07.2021. Subsequently, the appellant filed a
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Crl.A.No.407 of 2021
petition under Section 439 Cr.P.C for grant of bail in Crl.M.P.No.1276 of
2021, which was dismissed by the learned Sessions Judge, Special Court
for Exclusive Trial of Cases under SC/ST (POA) Act, Villupuram on
12.08.2021. Hence, the present appeal.
3.The learned counsel for the appellant would submit that the
families of the appellant and the de facto complainant are known to each
other for a long time and due to this nature, the de facto complainant
used to borrow money from the appellant and he used to transfer the
money through Bank for the past two years, which amounted to
Rs.3,00,000/-. When the appellant asked the de facto complainant to
return the money, she lodged a false complaint against the appellant. He
would further submit that originally in the complaint, the de facto
complainant has not stated anything about sexual harassment,
subsequently, she concocted a story that she was sexually harassed by the
appellant from 16.06.2015 and registered the F.I.R. The appellant is
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Crl.A.No.407 of 2021
working in Army and it is not possible to come to his native as and when
required to fulfill his wishes. Therefore, the allegations levelled against
the appellant are false in nature and hence, he prays for grant of bail to
the appellant.
4.The learned Government Advocate (Crl.Side) for the respondent
would submit that originally, the appellant filed a petition in
Crl.O.P.No.11343 of 2021 before this Court. By order dated 02.07.2021,
this Court directed the respondent police to complete the enquiry within a
period of four weeks and in the enquiry, if a prima facie case is made
out, neither the FIR be registered nor the petition be closed.
Subsequently, the appellant filed Crl.M.P.No.1276 of 2021 under Section
439 Cr.P.C. After perusal of the entire records, the learned Magistrate
found that the nature of the offence is grave in nature and dismissed the
petition. He would further submit that the investigation has been
completed and charge sheet has been filed and the case is pending for
trial and hence, he strongly objects to grant of bail to the appellant.
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5.Admittedly, the case in Crime No.15 of 2021 was registered
against the appellant and five others for the offence under Sections 417,
376 IPC r/w 3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The appellant was arrayed as
A1. The appellant had sexual intercourse with the de facto complainant,
by way of giving false promise of marrying her. However, the appellant
failed to marry her by indicating her caste name and hence, she preferred
the complaint. Further, the investigation has been completed and charge
sheet has also been filed and if the appellant is released on bail, there is
a possibility of tampering the witnesses and trial would be protracted.
6. In view of the above, this Court is not inclined to allow the
appeal. Accordingly, this Criminal Appeal is dismissed. Since the
investigation has been completed and charge sheet has also been filed,
the designated Court is directed to take the charge sheet on file, if it is
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Crl.A.No.407 of 2021
otherwise in order and proceed with the trial and complete the trial
within a period of four months from today.
08.09.2021
Internet: Yes/No
ms
To
1.The Sessions Judge, Special Court for Exclusive
Trial of Cases under SC/ST (POA) Act,
Villupuram.
2.The Officer Incharge,
Sub Jail, Ulundurpet.
3.The Deputy Superintendent of Police,
Kallakurichi Sub-Division,
Kallakurichi,
Kallakurichi District.
4.The Inspector of Police,
Kallakurichi AWPS,
Kallakurichi District,
5.The Public Prosecutor,
High Court, Madras.
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P.VELMURUGAN, J.
ms
Crl.A.No.407 of 2021
08.09.2021
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