Madras High Court
Shanmugavel vs The State Represented By on 11 April, 2023
Crl. A.(MD)No.228 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 11.04.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.228 of 2023
Shanmugavel ... Appellant/Petitioner/
Accused No.4
Vs.
1.The State represented by
The Deputy Superintendent of Police,
Sub-Division, Thoothukudi Town,
Thoothukudi District. .
2.The Inspector of Police,
South Police Station,
Thoothukudi District.
(Crime No.618 of 2022) ... Respondent/Respondent/
Complainant
3.Ratha ... 3rd Respondent/Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST Act,
1989 as amended by Act 1 of 2016, to call for records relating to Crl.M.P.No.
186 of 2023 dated 09.03.2023 on the file of the Special Court for Trial of
1/6
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Crl. A.(MD)No.228 of 2023
Cases under SC/ST (PoA) Act, Thoothukudi and set aside the same and grant
bail to the appellant by allowing the criminal appeal.
For Appellant : Mr.M.Pandian
For R1 & R2 : Mr.SS.Madhavan
Government Advocate (Crl. Side)
For R3 : Mr.R.Karunanithi
Legal Aid counsel
JUDGMENT
This Criminal Appeal is directed against the order passed in
Crl.M.P.No.186 of 2023 dated 09.03.2023 by the learned Sessions Judge,
Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi (FAC).
2. The case of the prosecution is that the appellant along with the
other accused had unlawfully assembled and abused the defacto complainant's
son and her husband by using their caste name and that during the course of
the quarrel, the appellant along with the other accused had wrongfully
restrained the defacto complainant's son and murdered the defacto
complainant's husband. Hence, the second respondent registered a case against
six persons including the appellant in Crime No.618 of 2022 for the offences
under Sections 147, 148, 294(b), 324, 307, 302, 506(2), 109 and 120B IPC and
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Crl. A.(MD)No.228 of 2023
Sections 3(l)(r), 3(l)(s) and 3(2)(v) of the Scheduled Caste and the Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for the appellant would submit that
the appellant is innocent and he has not committed any offence as alleged by
the prosecution and that the appellant belongs to SC community and hence
SC/ST act cannot be attracted. He would further submit that since there was
previous enmity against the appellant, the defacto complainant has given a
false complaint against him and that the appellant is in judicial custody from
02.02.2023.
4. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that the appellant is the father of the
accused 1, 5 and 6 and that the prosecution has deleted the accused 5 and 6
from the case. He would further submit that if the appellant is released on bail,
there is a chance of threatening the witnesses and hence, he has strongly
objected to release the appellant on bail.
5. The learned counsel appearing for the third respondent has raised
objections to grant bail to the appellant.
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Crl. A.(MD)No.228 of 2023
6. Considering the seriousness and gravity of the offence alleged
against the appellant and also the fact that the appellant is in custody only
from 02.02.2023, this Court is not inclined to grant bail to the appellant.
7. In the result, this Criminal Appeal is dismissed.
11.04.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
To
1.The Deputy Superintendent of Police,
Sub-Division, Thoothukudi Town,
Thoothukudi District. .
2.The Inspector of Police,
South Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.228 of 2023
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.228 of 2023
K.MURALI SHANKAR, J.
csm
Crl.A.(MD)No.228 of 2023
11.04.2023
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