Madras High Court
Sundaramoorthy vs The State Of Tamil Nadu on 6 September, 2022
Crl.A.No.978 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM:
THE HON'BLE MR. JUSTICE P.VELMURUGAN
Criminal Appeal No.978 of 2022
1.Sundaramoorthy
2.Lokeshwaran
3.Jagan ... Appellants
..vs..
1.The State of Tamil Nadu
Rep.by the Deputy Superintendent of Police,
Tiruvallur, Tiruvallur District.
2.The State of Tamil Nadu,
Rep.by the Inspector of Police,
Manavala Nagar Police Station,
Tiruvallur District,
Crime No.214 of 2022.
3.S.Karpagam ... Respondents
Criminal Appeal filed under Section 14A(2) of the SC & ST Act,
1989 (as Amended by Act 1 of 2016) to set aside the order dated
17.08.2022 passed by the learned Principal Sessions Court, Tiruvallur
dismissing their bail petition in Crl.M.P.No.8134 of 2022 and enlarge the
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Crl.A.No.978 of 2022
appellants on bail in Crime No.214 of 2022 on the file of the Inspector of
Police, Manavalan Nagar Police Station, Tiruvallur District.
For Appellants : Mr.S.Anil Sandeep
For Respondents : Mr.S.Sugendran
Additional Public Prosecutor
for R1 & R2
JUDGMENT
This Criminal Appeal has been preferred challenging the order
dated 17.08.2022 passed in Crl.M.P.No.8134 of 2022 by the learned
Principal Sessions Judge, Tiruvallur.
2. The case of the prosecution is that, on 01.08.2022 at about 5.00
p.m., the de-facto complainant and her deceased husband, who belong to
Scheduled Caste community, have boarded a bus from Manavala Nagar
to Poonamallee and at that time, one girl student in the bus shouted that
the de-facto complainant's deceased husband has misbehaved with her
and that they have got down from the bus. Thereafter, the appellants
herein and their relatives came there and abused the de-facto
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complainant's deceased husband and assaulted him and he sustained
grievous injuries and succumbed to death. Hence, the complaint is filed
against the appellants herein.
3. The appellants/accused were arrested and remanded to judicial
custody on 02.08.2022 for the alleged offences punishable under
Sections 147, 294(b), 323, 307 IPC @ 147, 341, 294(b), 323, 304(2) of
IPC read with Sections 3(2)(v) and 3(2)(a) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereafter 'SC/ST
Act' for the sake of convenience] in Crime No.214 of 2022 on the file of
the respondent police. During the pendency of the investigation, the
appellants filed a petition before the Principal District and Sessions
Judge, Tiruvallur seeking bail. The said petition was dismissed. Hence,
the appellants have preferred the present appeal.
4. The learned counsel for the appellants submitted that the
appellants are innocent and they have not committed any offence as
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alleged by the respondent/police. The deceased is an aggressor and he
misbehaved with the minor girl and that the relatives of the victim girl
and the public assaulted the deceased. Since the appellants do not know
the de-facto complainant and the deceased even at the time of alleged
occurrence, they are not even aware as to whom they are and to which
caste they belong to. In the alteration report, it is stated that, since the
deceased belongs to SC community and the appellants belong to other
community and that Sections of law are altered under the SC/ST (POA)
Act. He further submitted that though injured died after two days from
the date of the alleged occurrence, but, the Sections of law are altered to
one under Section 304(ii) and 307 IPC. He further submitted that the
appellants are in judicial custody for the past 37 days and therefore, he
prays for grant of bail.
5. The learned Additional Public Prosecutor appearing for the
respondents 1 and 2 submitted that the appellants and others assaulted
the deceased, since the deceased misbehaved with the minor girl and due
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to that, the deceased sustained injuries and succumbed to death.
Therefore, he strongly objected to grant bail to the appellants.
6. On a perusal of the records, it is seen that the deceased is an
aggressor and the allegations against him cannot be encouraged and at
the same time in the case on hand the nature of the offences cannot be
retaliated.
7. Taking into consideration of the facts and circumstances, this
Court is not inclined to grant bail to the appellants. Accordingly, this
Criminal Appeal is dismissed.
06.09.2022
Internet: Yes/No
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Crl.A.No.978 of 2022
To
1.The Principal Sessions Court,
Tiruvallur.
2.The Superintendent,
Central Prison,
Puzhal, Chennai.
3.The Public Prosecutor,
High Court, Madras.
4.The Deputy Superintendent of Police,
Tiruvallur,
Tiruvallur District.
5.The Inspector of Police,
Manavala Nagar Police Station,
Tiruvallur District.
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Crl.A.No.978 of 2022
P.VELMURUGAN, J.
ms
Crl.A.No.978 of 2022
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