Madras High Court
Sabari Alias Mohana Sabarinath vs The State Represented By on 12 December, 2022
Crl.A(MD)No.824 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.12.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.824 of 2022
1.Sabari alias Mohana Sabarinath
2.Karthick
3.Moorthi alias Udayamoorthi ... Appellants/Accused 1 to 3
Vs.
1.The State represented by
The Deputy Superintendent of Police,
Thiruchendur Sub-division,
Thiruchendur,
Thoothukudi District. ... 1st Respondent/Complainant
2.The State represented by
The Inspector of Police,
Authoor Police Station,
Thoothukudi District.
(Crime No.110 of 2022) ... 2nd Respondent/Complainant
3.R.Suresh ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), 2015, to set aside the order
passed in Cr.M.P.No.1634 of 2022 in S.C.No.25 of 2022 on the file of the
Special Court for Trial of Cases under SC/ST(POA) Act, Thoothukudi (FAC)
and enlarge the petitioners/accused No.1 to 3 on bail in connection with the
Sessions Case in S.C.No.25 of 2022 on the file of the Special Court.
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Crl.A(MD)No.824 of 2022
For appellant : Mr.M.Muthu Ganesh
For R-1 & R-2 : Mr.B.Nambiselvan
Additional Public Prosecutor
For R3 : Mr.S.Poorna Chandran
Legal Aid Counsel
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Cr.M.P.No.1634 of 2022 in S.C.No.25 of 2022 on the file of the Special
Court for Trial of Cases under SC/ST(POA) Act, Thoothukudi (FAC) and
enlarge the petitioners/accused No.1 to 3 on bail in connection with the
Sessions Case in S.C.No.25 of 2022 on the file of the Special Court.
3.The appellant, who was arrested and remanded to judicial custody
on 02.06.2022, for the offences punishable under Sections 294(b), 302,
506(ii), 109, 120(b) of IPC, Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA)
Amendment Act 2015 @ 294(b), 302, 506(ii), 34 of IPC and Section 3(1)(r),
3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act 2015, in Crime No.110 of
2022 on the file of the respondent police, seek appeal bail.
4.The case of the prosecution is that the petitioners/accused scolded the
deceased and the defacto complainant by using their caste name and
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Crl.A(MD)No.824 of 2022
murdered the deceased with aruval and threatened the life of the defacto
complainant.
5.The learned counsel for the petitioner submitted that all the
petitioners/accused persons are detained under Goondas Act as per order
dated 15.06.2022. Since Goondas Act has been invoked the petitioners are
not entitled for bail at this stage, even though they are in custody more than
160 days.
6.The learned Additional Public Prosecutor submitted that it is a case
of retaliation murder. On earlier occasion, one person who belongs to the
opposite community was killed by the petitioners' community people and only
as retaliation, the brother of the defacto complainant was done to death.
7.The learned counsel appearing for the defact complainant submitted
that there is specific overt act has been attributed against the petitioners in the
FIR.
8.Considering the specific overt act attributed against the petitioners
and considering the fact that already the petitioners are detained under
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Crl.A(MD)No.824 of 2022
Goondas Act, this Court is of the considered view that this appeal cannot be
considered at this stage.
9.Accordingly, this criminal appeal is dismissed.
12.12.2022
Index : Yes/No
Internet : Yes/No
TM
To
1.The Special Court for Trial of Cases under SC/ST(POA) Act, Thoothukudi.
2.The Deputy Superintendent of Police,
Thiruchendur Sub-division,
Thiruchendur,
Thoothukudi District.
3.The Inspector of Police,
Authoor Police Station,
Thoothukudi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.824 of 2022
G.ILANGOVAN,J.
TM
Crl.A(MD)No.824 of 2022
12.12.2022
https://www.mhc.tn.gov.in/judis
