Madras High Court
Rajasekar vs State Rep. By Its on 24 July, 2023
Crl.A.No.707 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.A.No.707 of 2023
Rajasekar ... Appellant
Vs.
1.State Rep. by its
Deputy Superintendent of Police,
Cuddalore District.
2.The Station House Officer,
All Women Police Station, Gingee,
Villupuram District.
(Crime No.13/2023)
3.Sevvanthi ... Respondents
Prayer : Criminal Appeal filed under Section 14A of Scheduled
Castes/Schedule Tribes (POA) Amendment Act, 2015 to set aside the
order dated 12.06.2023 in Crl.M.P.No.1534/2023 passed by the learned
Special Court for Exclusive Trial of Cases Registered under the Schedule
Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989,
Villupuram and grant bail to appellant.
Page 1 of 7
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Crl.A.No.707 of 2023
For Appellant : Mr.D.Padmanabhan
For R1 & R2 : Mr.S.Sugendran, APP
R3 : No appearence
JUDGMENT
Challenging the orders passed in Crl.M.P.No.1534/2023, the
present Criminal Appeal has been filed by the accused.
2. The case of the prosecution is that on 01.06.2023 when the
victim who belongs to Scheduled Caste Community was in her house
alone, the accused trespassed into her house and attempted to rape her.
When the victim shouted, the accused fled away from the scene of
occurrence. On the basis of the complaint preferred by the defacto
complainant (victim), the Inspector of Police, All Women Police Station,
Gingee registered an FIR in Crime No.13/2023 on 02.06.2023 for the
offence punishable under Sections 448, 376, 511, 506 (2) of IPC,,
3(1)(w)(i) & 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 and arrested the
accused on 02.06.2023 and remanded him to judicial custody on
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Crl.A.No.707 of 2023
03.06.2023. The petitioner/accused had filed a petition in
Crl.M.P.No.1534/2023 under Section 439 Cr.P.C. seeking grant of bail.
3.The learned Sessions Judge, Special Court for Exclusive
Trial of Cases registered under the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Villupuram vide her orders
dated 12.06.2023 dismissed the said petition on the ground that the
investigation is not yet completed and that if the accused is enlarged on
bail, he would tamper with the witnesses. Aggrieved over the same, the
present Criminal Appeal is filed.
4.Heard Mr.D.Padmanabhan, the learned counsel for the
appellant and Mr.S.Sugendran, the learned Additional Public Prosecutor
for the respondents 1 & 2.
5.Mr.D.Padmanabhan, the learned counsel for the appellant
contended that in the instant case, the provisions of Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act are not attracted
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Crl.A.No.707 of 2023
and that the accused is innocent. Therefore, he prayed for enlarging the
accused on bail.
6.Per contra, the learned Additional Public Prosecutor
contended that the investigation is not yet completed and that both the
defacto complainant and the accused have to be medically examined. He
therefore prayed for dismissal of this criminal appeal.
7.A bare perusal of the complaint given by the defacto
complainant shows that the accused attempted to rape her when she was
in her home alone on 01.06.2023. The accused belongs to Hindu
Vanniyar Community and the defacto complainant belongs to Scheduled
Caste Community. Therefore, the police had registered the FIR against
the accused for the offences punishable under Sections 448, 376, 511,
506 (2) IPC and 3(1)(w)(i) & 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The
accused has been remanded to judicial custody on 02.06.2023.
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Crl.A.No.707 of 2023
8.Considering the period of incarceration of the accused and
also the facts and circumstances of the case, I am inclined to grant bail to
the accused on the following conditions :
i. The appellant shall execute a bond for a sum of Rs.25,000/- each,
with two sureties, of whom, one should be a blood relative, each
for a like sum to the satisfaction of the Special Court for Exclusive
Trial of Cases registered under the Schedule Castes and the
Schedule Tribes (Prevention of Atrocities) Act, 1989, Villupuram.
ii. The sureties shall affix their photographs and Left Thumb
Impression on the surety bond and the trial Court may obtain a
copy of their Aadhar card or Bank Pass Book to ensure their
identity; and
iii. The appellant shall appear before the respondent/police everyday
at 10.30 a.m. for a period of four weeks and thereafter, the
appellant shall appear on the first working day of every month at
10.30 a.m. until further orders.
24.07.2023
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
mtl
Note : Issue Order Copy on 25.07.2023
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Crl.A.No.707 of 2023
To
1.The Deputy Superintendent of Police, Cuddalore District.
2.The Station House Officer, All Women Police Station, Gingee,
Villupuram District.
3.The Special Court for Exclusive Trial of Cases Registered under the
Schedule Castes and the Schedule Tribes (Prevention of Attrocities) Act,
1989, Villupuram
Copy to :
The Section Officer,
Criminal Section, High Court,
Madras.
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Crl.A.No.707 of 2023
R. HEMALATHA, J.
mtl
Crl.A.No.707 of 2023
24.07.2023
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