Prabhu @ Prabakaran vs The Deputy Superintendent Of ...
2023 Latest Caselaw 4989 Mad

                                                                                Crl. A.(MD)No.239 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATE : 28.04.2023

                                                          CORAM

                          THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

                                                  Crl. A.(MD)No.239 of 2023

                Prabhu @ Prabakaran                                  ... Appellant/Petitioner

                                                           Vs.

                1.The Deputy Superintendent of Police,
                  Periyakulam Sub Division,
                  Theni District.
                  (Devathanapatti PS.
                  Crime No.391 of 2016)                             ... 1st Respondent/Complainant

                2.Muthupandi                                        ... 2nd Respondent/Defacto
                                                                          Complainant

                Prayer : This Criminal Appeal is filed under Section 14(A)(2) of Scheduled
                Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to
                set aside the order of the learned Special Court for Exclusive Trial of Cases
                under SC/ST (POA) Act, Theni in Crl.M.P.No.250 of 2023 dated 20.02.2023
                and enlarge the appellant on bail in Crime No.391 of 2016 on the file of the
                first respondent.
                                  For Appellant       : Mr.S.Muthukumar

                                  For R1              : Mr.A.Albert James
                                                        Government Advocate (Crl. Side)

                                  For R2              : M/s.S.Prabha
                                                        Legal Aid Counsel

                1/4
https://www.mhc.tn.gov.in/judis
                                                                                Crl. A.(MD)No.239 of 2023



                                                        JUDGMENT

This Criminal Appeal is directed against the order passed in

Crl.M.P.No.250 of 2023 in Spl.S.C.No.47 of 2020 dated 20.02.2023 by the

learned Sessions Judge, Special Court for trial of cases under SC/ST (POA)

Act, Theni.

2. The case of the prosecution is that on 23.07.2016, there was a

wordy quarrel between the appellant and the second respondent/defacto

complainant regarding pick up the passenger in the auto, due to which, the

appellant had attacked the second respondent by using iron lever and on that

basis, FIR came to be registered against the appellant herein in Crime No.391

of 2016 for the offences under Sections 294(b) and 324 IPC and Sections

3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2014.

3. The respondent police, after completing the investigation, has

filed the final report and the same was taken on file in Spl.S.C.No.47 of 2020.

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

that the appellant is an innocent and he has been falsely implicated in the

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.239 of 2023

above case. He would further submit that the appellant is in judicial custody

from 19.12.2022.

5. When the matter is taken up for hearing today, the learned

Government Advocate (Criminal Side) appearing for the first respondent as

well as the learned counsel appearing for the second respondent would submit

that the prosecution has already examined the prosecution witnesses and the

case is now stand posted for cross-examination of P.W.12.

6. Considering the above facts and circumstances and also the fact

that the case is pending from 2016 onwards and also taking note of the fact

that the trial is at the fag end, this Court is not inclined to enlarge the appellant

on bail. However, the trial Court is directed to complete the trial and dispose

of the case in Spl.S.C.No.47 of 2020 within a period of two months from the

date of receipt of a copy of this judgment.

7. With the above direction, this Criminal Appeal is disposed of.

                                                                                     28.04.2023
                NCC      : Yes/No
                Index    : Yes/No
                Internet : Yes/No
                csm


https://www.mhc.tn.gov.in/judis
                                                                        Crl. A.(MD)No.239 of 2023



                                                                 K.MURALI SHANKAR, J.


                                                                                            csm

                To

                1.The Sessions Judge,

Special Court for trial of cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.A.(MD)No.239 of 2023

Dated : 28.04.2023

https://www.mhc.tn.gov.in/judis