Madras High Court
Karuppasamy vs The Deputy Superintendent Of ... on 4 July, 2023
CRL.A(MD).No. 468 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.A(MD).No. 468 of 2023
Karuppasamy ... Appellant/Petitioner/
2nd Accused
Vs.
1.The Deputy Superintendent of Police,
Rajapalayam Sub Division,
Virudhunagar District.
2.The Inspector of Police,
Seithur Police Station,
Virudhunagar District.
(Crime No.18 of 2023) ... Respondents/Complainants
3.Anandharaj ... 3rd Respondent/Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, to call for the records pertaining to the order dated
13.06.2023 in Crl.M.P.No.1846 of 2023 on the file of Sessions Judge, Special
Court for Trial of SC/ST (POA) , Act Cases (FAC), Virudhunagar District at
Srivilliputtur, and to set aside the same and enlarge the appellant on bail in
Crime No.18 of 2023 on the file of the first respondent by allowing this
Criminal Appeal.
1/6
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 468 of 2023
For Appellant : Mr.S.Muniyandi
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl.Side)
For R3 : Mr.Pinayagash
JUDGMENT
This Criminal Appeal has been filed to set aside the order dated
13.06.2023 in Crl.M.P.No.1846 of 2023 on the file of learned Sessions Judge,
Special Court for Trial of SC/ST (POA), Act Cases (FAC), Virudhunagar
District at Srivilliputtur, and enlarge the appellant on bail.
2.The petitioner is the second accused in Crime No.18 of 2023 on the
file of the second respondent police. He said to have committed the offences
under Sections 147, 148, 341, 294(b), 324, 363, 506(2) and 302 of IPC r/w
3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act.
3.The case of the prosecution is that the deceased is the son of the
defacto complainant. There was money dispute between the first accused and
the son of the defacto complainant. The son of the defacto complainant
insisted the first accused to return the money. Hence, on 19.01.2023, the
accused persons said to have trespassed into the house of the defacto
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CRL.A(MD).No. 468 of 2023
complainant's son and threatened him with dire consequences. Thereafter, on
22.01.2023, the deceased was informed that the first accused was going to
return the money to the deceased. On believing the words, the deceased went
to receive the money along with his friends. In such circumstance, the
defacto complainant was received an information that the accused persons
said to have attacked him with aruval and stick and immediately, the
deceased was taken to the hospital and there, he was declared as died. Based
on the complaint given by the defacto complainant, a case was registered in
Crime No.18 of 2023 for the offences under Sections 147, 148, 341, 294(b),
324, 363, 506(2) and 302 of IPC r/w 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA)
Act and the respondent police arrested the petitioner and he is in custody
from 24.01.2023. After completion of investigation, the respondent police
filed a final report before the learned Sessions Judge, Special Court for Trial
of SC/ST (POA) Act Cases (FAC), Virudhunagar District at Srivilliputtur,
and the same was taken on cognizance in Spl.S.C.No.32 of 2023. In such
circumstance, the petitioner filed a bail petition in CrlMP.No.1846 of 2023
before the same Court and the same was dismissed on 13.06.2023. Aggrieved
by the same, present petition has been filed by the petitioner.
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CRL.A(MD).No. 468 of 2023
4.The learned Additional Public Prosecutor and the defacto
complainant, who appear before this Court through the counsel vehemently
opposed this appeal on the ground that only considering the previous
antecedents of the petitioner, the learned Trial Judge, dismissed the bail
petition filed by the petitioner.
5.Considering the gravity of the offence as well as the previous
antecedent of the of the petitioner, this Court is not inclined to grand bail to
the petitioner. Accordingly, this Criminal Appeal is dismissed.
6.At this juncture, the learned counsel for the petitioner made a request
before this Court to give a direction to the Trial Court to complete the trial
within the stipulate time.
7.It is seen that the request of the learned counsel for the petitioner is
genuine one. Hence, this Court directed the learned Sessions Judge, Special
Court for Trial of SC/ST (POA) , Act Cases (FAC), Virudhunagar District at
Srivilliputtur, to complete the trial in Spl.S.C.No.32 of 2023 within a period
of 2 months from the date of receipt of a copy of this order.
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CRL.A(MD).No. 468 of 2023
8.The learned Government Advocate (Crl.Side) as well as the
Investigation Officer are directed to co-operate to complete the trial within a
time stipulated above.
04.07.2023
NCC : Yes/No
Index : Yes : No
Internet : Yes : No
das
To
1.The Sessions Judge, Special Court for Trial of SC/ST (POA)
Act Cases (FAC),
Virudhunagar District at Srivilliputtur.
2.1.The Deputy Superintendent of Police,
Rajapalayam Sub Division,
Virudhunagar District.
3.The Inspector of Police,
Seithur Police Station,
Virudhunagar District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
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CRL.A(MD).No. 468 of 2023
K.K.RAMAKRISHNAN,J.
dss
CRL.A(MD).No. 468 of 2023
04.07.2023
https://www.mhc.tn.gov.in/judis
