Madras High Court
K.Subramani vs State By on 8 August, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.862 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.862 of 2023
K.Subramani ... Appellant
Vs.
1.State by
The Deputy Superintendent of Police,
Tiruvannamalai District.
2.The Inspector of Police,
Vanapuram Police Station,
Tiruvannamalai District.
(Crime No.227/2022).
3.V.Meenatchi ... Respondents
PRAYER: Criminal Appeal filed under Section 14(a) of the Scheduled
Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to call for
the records of the lower Court and set aside the order passed by the learned
Sessions Judge, Special Court for trial of cases under SC/ST Act (POA)
Tiruvannamalai in Crl.M.P.No.974/2023 on 21.07.2023 and to enlarge the
Appellant/petition on bail in connected with the Crime No.227/2022
pending investigation on the file of the 2nd respondent-Police.
Page No.1 of 4
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Crl.A.No.862 of 2023
For Appellant : No Appearance
For R1 & R2 : Mr.R.Vinothraja
Government Advocate (Crl. Side)
For R3 : No Appearance
JUDGMENT
The appellant has filed bail application in Crl.M.P.No.974 of 2023
before the learned Sessions Judge, Special Court for trial of cases under
SC/ST (POA) Act, Tiruvannamalai in Crime No.227 of 2022 for offence
under Sections 302 IPC @ 120(b), 302, 201 IPC r/w 34 IPC @ 120(b), 302,
201 IPC r/w 34 IPC and Sections 3(2)(v) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the
same was dismissed vide impugned order, dated 21.07.2023. Against
which, the present criminal appeal is filed.
2.When the matter was taken up for hearing, no representation for the
appellant and the 3rd respondent.
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3.The learned Additional Public Prosecutor appearing for the
respondents 1 and 2 submitted that the appellant is A1 and the deceased is a
suspended employee of the Primary Agricultural Cooperative Society. Both
of them had dispute with regard to sanction of jewel loan and also
transaction in Magalir Suya Udhavi Kuzhu. Initially, a case under Section
174 Cr.P.C registered on 16.10.2022 on the complaint given by the 3rd
respondent wife of the deceased stating that on 15.10.2022 her
husband/deceased left home in his two wheeler but not returned back.
When she called her husband in his mobile phone, one Ramakrishnan who
is the owner of adjacent field of her husband informed that her husband is
not there but mobile phone is available near the motor shed. Thereafter, the
deceased was searched in many places but not found. Later during
investigation, the appellant arrested. He further submitted that now the
appellant granted bail by the Special Judge, Special Court for trial of cases
under SC/ST (POA) Act, Tiruvannamalai in C.M.P.No.1391 of 2023 on
03.10.2023. Hence, the prayer sought for by the petitioner becomes
infructuous.
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M.NIRMAL KUMAR, J.
vv2
4.Recording the submissions made by the learned Additional Public
Prosecutor, this criminal appeal stands dismissed as infructuous.
08.08.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
vv2
To
1.The Sessions Judge,
Special Court for trial of cases under SC/ST (POA) Act,
Tiruvannamalai.
2.The Deputy Superintendent of Police,
Tiruvannamalai District.
3.The Inspector of Police,
Vanapuram Police Station,
Tiruvannamalai District.
4.The Public Prosecutor,
High Court, Madras.
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