Ellappan vs The Deputy Superintendent Of ...
2022 Latest Caselaw 15364 Mad

                                                                                 Crl.A.No.1065 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 15.09.2022

                                                          CORAM:

                                     THE HON'BLE MR.JUSTICE P.VELMURUGAN

                                                   Crl.A.No.1065 of 2022

                     Ellappan                                                ...Petitioner
                                                            ..vs..

                     1.The Deputy Superintendent of Police,
                       Vandavasi Sub Division,
                       Vandavasi,
                       Tiruvannamalai District.

                     2.The State Rep.by
                       Inspector of Police,
                       Kilkodungalore Police Station,
                       Kilkodungalore,
                       Tiruvannamalai District.

                     3.Mariyammal                                             ... Respondents
                                  Criminal Appeal filed under Section 14-A of the Scheduled Castes
                     and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018 to
                     set aside the order dated 25.08.2022 made in Crl.M.P.No.967 of 2022
                     passed by the Special Court for SC/ST Cases, Tiruvannamalai and
                     enlarge the petitioner on bail in Crime No.177 of 2022 on the file of the
                     2nd respondent police.

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https://www.mhc.tn.gov.in/judis
                                                                               Crl.A.No.1065 of 2022

                                     For Appellant      :    Mr.B.Jawahar

                                     For Respondent     :    Mr.S.Sugendran
                                                             Additional Public Prosecutor

                                                JUDGMENT

This Criminal Appeal has been filed against the order dated

25.08.2022 passed in Crl.M.P.No.967 of 2022 by the Special Court for

SC/ST Cases, Tiruvannamalai and to enlarge the appellant on bail.

2.The case of the prosecution is that on 02.08.2022 at about 4 p.m

the third respondent/de facto complainant washing her dresses near a

well, at that time the appellant had attempted to commit rape, in such

course, he had physically attacked the third respondent and also abused

her by referring her caste name.

3.The second respondent/police registered a case in Crime No.177

of 2022 against the appellant for the offences under Section 341, 354(A)

IPC and Section 4 of TNPHW Act and Section 3(1)(r), 3(2)(va) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

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Amendment Act 2015 [hereafter 'SC/ST (POA) Act' for the sake of

convenience]. The appellant was arrested and remanded to judicial

custody on 14.08.2022. Hence, the appellant filed a petition under

Section 439 Cr.P.C before the learned Sessions Judge, Special Court for

Trial of Cases Under SC/ST (POA) Act, Tiruvannamalai seeking bail.

After hearing the arguments, the designated Court, dismissed the

petition. Hence, the present Criminal Appeal.

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

appellant has not committed any offence and he has been falsely

implicated in the present case. He further submitted that investigation is

in preliminary stage and no incriminating materials so far have been

collected from this petitioner and hence, he prays to grant bail to the

appellant.

5. The learned Additional Public Prosecutor appearing for the

appellant submitted that there is specific overact attributed against the

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appellant. Further the investigation is in preliminary stage, if the

appellant is released on bail there is a possibility of communal clash.

6.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.

7. On a perusal of the records and the submissions made by the

learned counsel on either side, this Court is of the opinion that there is

specific overt act attributed against the appellant and also investigation is

pending and charge sheet is not yet filed. If the appellant is released on

bail there is a possibility of tampering the witnesses and hampering the

investigation. Since there is an allegation against the appellant for the

offence under the SC/ST Act, there is a possibility of threatening to the

defacto complainant.

8.In the light of the above facts and circumstances and also

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considering the serious nature of the offences, this Court is not inclined

to allow this Criminal Appeal by granting bail to the appellant.

Accordingly, this Criminal Appeal is dismissed.

15.09.2022

Index: Yes/No Speaking Order/Non-Speaking Order ms

To

1. The Special Judge, Special Court for SC/ST Cases, Tiruvannamalai.

2.The Superintendent, Central Prison, Vellore.

3.The Deputy Superintendent of Police, Vandavasi Sub Division, Vandavasi, Tiruvannamalai District.

4.The Inspector of Police, Kilkodungalore Police Station, Kilkodungalore, Tiruvannamalai District.

5.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J.

ms

Crl.A.No.1065 of 2022

15.09.2022

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