Dinesh vs The Deputy Superintendent Of ...
2023 Latest Caselaw 12281 Mad

                                                                              Crl.A.(MD).No.882 of 2023

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                           Reserved on         : 16.10.2023
                                          Pronounced on        : 20.10.2023
                                                         CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VADAMALAI

                                               Crl.A.(MD).No.882 of 2023

                     1.Dinesh
                     2.Rajkumar @ Sasikumar                    ... Appellants/Accused Nos.2 & 7

                                                         Vs.


                     1.The Deputy Superintendent of Police,
                       Dindigul Rural Range,
                       Dindigul.

                     2.The Inspector of Police,
                       Dindigul Taluk Police Station,
                       Dindigul.
                       (Crime No.410 of 2023)             ...1st & 2nd Respondents/Complainants

                     3.Sharmila                           ...3rd Respondent/De-facto Complainant

                     PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC/ST Act, 1989,
                     to call for entire records pertaining to the order dated 12.09.2023 made in
                     Cr.M.P.No.1321 of 2023 passed by the Special Court for Exclusive Trial of
                     Cases under SC/ST (POA) Act at Dindigul and allow this Criminal Appeal and
                     enlarge the appellants on bail.



                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                Crl.A.(MD).No.882 of 2023

                                   For Appellant       : Mr.M.Suresh

                                   For R1 & R2         : Mr.B.Nambi Selvan
                                                         Additional Public Prosecutor

                                   For R3              : No Appearance

                                                        JUDGMENT

This appeal is filed to set aside the order dated 12.09.2023 made in

Cr.M.P.No.1321 of 2023 passed by the Special Court for Exclusive Trial of

Cases under SC/ST (POA) Act at Dindigul and allow this Criminal Appeal and

enlarge the appellants on bail.

2.According to the prosecution the appellants and other accused said

to have committed the offence punishable under Sections 147, 148, 449, 302 of

IPC and Sections 3(1)(s) and 3(2)(va) of SC/ST (POA) Act.

3.The case of the prosecution is that on on 23.07.2023 at about 4.45

p.m. the appellants and other accused persons trespassed into the house of the

deceased Munieswaran with deadly weapons and murdered the deceased, who

is the husband of the third respondent / de-facto complainant and also abused

him about his caste name and went away from there. Hence, the de-facto

https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.882 of 2023

complainant lodged a complaint before the respondent police and F.I.R was

registered in Crime No.410 of 2023 against the appellants and other accused

persons for the offences under Sections 147, 148, 449, 302 of IPC and Sections

3(1)(s) and 3(2)(va) of SC/ST (POA) Act.

4.The learned counsel for the appellants would submit that the

second appellant name was not found in the F.I.R. and only based on the

confession of co-accused he has been implicated in this case. He would further

submit that the appellants were arrested and remanded to judicial custody on

25.07.2023. Hence, he seeks to grant bail to the appellants.

5.The learned Additional Public Prosecutor appearing for the first

and second respondents would submit that the appellants and other accused

persons assembled together and attacked the deceased with deadly weapons,

and caused his death and it is a retaliation murder. He would further submit

that the first appellant was detained under Goondas Act and proceedings have

been initiated and pending to detain the second appellant under Goondas Act

and nine witnesses have already been examined. Hence, he raised strong

objection and prayed to dismiss this appeal.

https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.882 of 2023

6.On perusal of records it is seen that the appellants and other

accused persons involved in the alleged occurrence of this case assembled

together and attacked the deceased with deadly weapons, and caused his death

and it is a retaliation murder. If bail is granted to the appellants they may

abscond and they may tamper the witness and hamper the trial.

7.Considering the above facts and circumstances and considering the

specific overt act against the appellants and gravity of the offence alleged

against the appellants and also considering the strong objection raised by the

prosecution, this Court is not inclined to allow this appeal and to grant bail to

the appellants at this stage.

8. Accordingly, the Criminal Appeal stands dismissed.

                                                                                      20.10.2023

                     NCC           :Yes/No
                     Index         :Yes/No
                     Internet      :Yes/No
                     vsd





https://www.mhc.tn.gov.in/judis
                                                                           Crl.A.(MD).No.882 of 2023




                     To

1.The Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul.

2.The Deputy Superintendent of Police, Dindigul Rural Range, Dindigul.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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.

https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.882 of 2023

P.VADAMALAI, J.

vsd

Pre - Delivery Order made in Crl.A.(MD).No.882 of 2023

20.10.2023

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