Maruthupandian vs State Rep By
2023 Latest Caselaw 8592 Mad

                                                                        Crl.R.C.(MD).No.509 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 19.07.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                             Crl.A(MD)No.509 of 2023


                Maruthupandian                               ... Appellant/Accused No.1

                                                      Vs.

                1.State Rep by
                  Deputy Superintendent of Police,
                  Rajapalayam Sub-Division,
                  Virudhunagar Distrcit.

                2.The Inspector of Police,
                  Seithur Police Station,
                  Virudhunagar District.
                  In Crime No.18 of 2023.                   ... Respondents 1&2/Complainants

                3.Anandharaj                                ... 3rd Respondent/De-fact
                                                                    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 set
                aside the order dated 13.06.2023 made in Crl.MP.No.1847 of 2023 on the file
                Court of the Sessions Judge, Special Court for Trial of SC/ST (POA) At Cases,
                Virudhunagar District at Srivilliputtur and enlarge the Appellant on bail in Crime
                No.18 of 2023 on the file of the 2nd Respondent.


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https://www.mhc.tn.gov.in/judis
                                                                           Crl.R.C.(MD).No.509 of 2023

                                  For Appellant       : Mr.M.Jothi Basu
                                  For R1 & R2         : Mr.M.Muthumanikkam
                                                       Government Advocate (Crl.Side)

                                                   JUDGMENT

This Criminal Appeal has been filed to set aside the order dated passed by

the Sessions Judge, Special Court for Trial of SC/ST (POA) At Cases,

Virudhunagar District at Srivilliputtur, in Crl.MP.No.1847 of 2023, dated

13.06.2023 and enlarge the Appellant on bail in Crime No.18 of 2023 on the file

of the 2nd Respondent.

2.The case of the prosecution is that the defacto complainant is the father

of the deceased. The deceased and the accused are friends. Due to money dispute

between the accused and the deceased, on 23.01.2023, at about 03.15 p.m, the

accused said to have brutally attacked the deceased with weapons and took away

him in a two wheeler. After found his dead body, a complaint was lodged before

the respondent police. The respondent police registered a case in Crime No.18 of

2023 for the offences under Sections 147, 148, 341, 294(b), 324, 364, 506(ii) &

302 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act,

2015, against the accused and also arrested the appellant/Accused No.1 and

remanded him to judicial custody on 01.02.2023. Hence, he filed a bail petition

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.509 of 2023

in Crl.MP.No.1847 of 2023 before the the Sessions Judge, Special Court for Trial

of SC/ST (POA) At Cases, Virudhunagar District at Srivilliputtur. The learned

trial Judge after considering the following previous antecedents of the appellant,

dismissed the said petition:-

1.Crime No.142 of 2018 – 147, 148, 294(b), 323, 326, 341, 506(ii)

(CC.No.374 of 2019)

2.Crime No.195 of 2019 – 302 IPC @ 109, 120(B), 302, 34 IPC (SC.No.9

of 2021)

3.Crime No.66 of 2020 – 109, 147, 148, 302, 323 IPC @ 109, 120(B),

147, 148, 323, 302 of IPC (S.C.No.68 of 2022)

4.Crime No.422 of 2020 – 294(b), 324, 506(ii) IPC (CC.No.150 of 2021)

5.Crime No.123 of 2021 – 294(b), 324, 506(ii) IPC (CC.No.199 of 2021)

6.Crime No.195 of 2022 – 341, 294(b), 324, 506(ii) IPC (C.C.No.111 of

2023)

7.Crime No.252 of 2017 – 75(1) (C) TNP Act – Conviction

8.Crime No. 24 of 2019 – 75(1)(C) TNP Act - Conviction

9.Crime No.268 of 2015 – 454, 380IPC (CC.No.91 of 2017)

10.Crime No.234 of 2015 – 454, 380 IPC (Property not recovered)

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.509 of 2023

3.Aggrieved over the same, the appellant filed this appeal before this

Court.

4.When the matter is taken up for hearing, the learned counsel for the third

respondent/defacto complainant appeared in person and reiterated this Court to

take the stand already taken by the Court.

5.The learned Government Advocate (Crl.Side) would submit that the

investigation was completed and the case was posted for serving summon and

raised strong objection to grant bail.

6.At this stage, considering the previous antecedents of the appellant and

the gravity of the offences, this Court is not inclined to grant bail to the

petitioner.

7.Accordingly, this Criminal Appeal is dismissed.

19.07.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.509 of 2023

To

1.The Sessions Judge, Special Court for Trial of SC/ST (POA) At Cases, Virudhunagar District at Srivilliputtur

2.Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar Distrcit.

3.The Inspector of Police, Seithur Police Station, Virudhunagar District.

4.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.509 of 2023

K.K.RAMAKRISHNAN,J.

dss

Crl.A(MD)No.509 of 2023

19.07.2023

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