Madras High Court
Dhanush @ Dhanukodi vs State Rep. By on 3 January, 2022
Crl. A.(MD)No.514 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 03.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.514 of 2021
Dhanush @ Dhanukodi .. Appellant
Vs.
1.State rep. By,
The Deputy Superintendent of Police,
Eral Police Station,
Tuticorin District.
2.State rep. By,
The Inspector of Police,
Eral Police Station,
Tuticorin District.
3.Petchiraj .. Respondents
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Act, to set aside the order in
Crl.M.P.No.742 of 2021 in S.C.No.101 of 2020 on the file of the learned Sessions
Judge, Special Court for trial of the cases SC/ST (POA) Act, Thoothukudi.
For Appellant : Mr.P.Aju Tagore
For Respondents 1 and 2 : Mr.R.M.Anbu Nithi
Additional Public Prosecutor
3rd Respondent : Present
1/6
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Crl. A.(MD)No.514 of 2021
JUDGMENT
This appeal has been filed to set aside the order in Crl.M.P.No.742 of 2021
in S.C.No.101 of 2020 on the file of the learned Sessions Judge, Special Court for
trial of the cases SC/ST (POA) Act, Thoothukudi.
2.A case in Crime No.200 of 2018 under Sections 302, 109, 120(b), 201 of
IPC and Section 3(2)(v) of SC/ST (POA) Act was registered against the appellant.
The appellant has filed a bail application in Cr.M.P.No.742 of 2021 before the
learned Sessions Judge, Special Court for trial of Cases registered under SC/ST
(POA) Act, Thoothukudi. That petition was dismissed by the trial Court on
24.08.2021. Against the same, the appellant has filed an appeal in Crl.A.(MD)No.
244 of 2021 before this Court and the same was dismissed by this Court on
15.07.2021. Again the appellant has preferred this Criminal Appeal.
3.On the side of the appellant, it is stated that out of four accused, A1 and
A4 died and only A2 and A3 are facing trial. The alleged motive is that the witness
teased the wife of the appellant. The name of the appellant was not found place in the
FIR. The appellant was produced before the Court on non bailable warrant. Without
issuing notice or summon, straight away warrant was issued on the appellant. The
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Crl. A.(MD)No.514 of 2021
appellant is in custody from 01.12.2020 onwards and prayed the appellant to be
released on bail.
4.On the side of the respondents 1 and 2, it is stated that the appellant is
A3 in the case. The alleged offence is double murder. The summon was issued. A4
was murdered as retaliation. The appellant has filed an anticipatory bail petition and
the same was dismissed on 08.12.2021. A3 is having 25 previous cases. Out of 25
previous cases, four cases were convicted, 14 cases are pending trial, two cases are
under investigation and four cases are referred cases. After getting bail, the appellant
absconded for one year and then only he was arrested. Witness summon was also
served. If the appellant was released on bail, there is possibility of the appellant to
abscond again and the earlier bail application filed by the appellant was dismissed by
this Court and prayed the appeal to be dismissed.
5.On the side of the appellant, it is further stated that the cases registered
against the appellant are simple in nature. Without serving summon or notice, non
bailable warrant was issued.
6.It is seen that non bailable warrant was pending against the appellant for
a period of one year and then only the appellant was arrested on 01.12.2020. The
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Crl. A.(MD)No.514 of 2021
offence is double murder. There are 24 previous cases against the appellant. It is seen
that the co-accused was murdered by way of retaliation. If the appellant is released
on bail, there is chance for the appellant to abscond again and the personal safety of
the appellant is also questionable.
7.In view of the above, this Court is not inclined to grant bail to the
appellant. Hence, this Criminal Appeal is dismissed.
03.01.2022
Index : Yes/No
Internet : Yes/No
Mrn
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.514 of 2021
To
1.The Sessions Judge,
Special Court for trial of Cases registered under SC/ST (POA) Act,
Thoothukudi.
2.The Deputy Superintendent of Police,
Eral Police Station,
Tuticorin District.
3.The Superintendent of Prison,
Central Jail, Palayamkottai.
4.The Inspector of Police,
Eral Police Station,
Tuticorin District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.514 of 2021
R.THARANI, J.
Mrn
Crl. A.(MD)No.514 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
