Madras High Court
Sowkath Ali vs State.Rep.By on 18 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.1104 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.1104 of 2024
Sowkath Ali ... Appellant
Vs.
1.State.rep.by
The Assistant Commissioner of Police,
Annuparpalayam Range,
Thirumuruganpoondi Police Station,
Tiruppur District.
Cr.No.5 of 2024.
2.Deenadhayalan ... Respondents
Prayer: Criminal Appeal filed under Section 14(2) of the Scheduled Castes
and Schedules Tribes (Prevention of Atrocities) Amendment Act, 2015, to
allow the appeal and set aside the order passed in Bail Petition in
Crl.M.P.No.43 of 2024 dated 20.08.2024 on the Special Court for Trial of
Cases Under SC/ST (POA) Act Tiruppur District and release the appellant
on bail pending Trial in Spl.S.C.No.66 of 2024 on the Special Court for Trial
of Cases under SC/ST (POA) Act Tiruppur District.
Page No.1 of 7
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Crl.A.No.1104 of 2024
For Appellant : Mr.S.Parameswaran
For R1 : Mr.R.Vinothraja,
Government Advocate (Crl Side)
For R2 : Mr.R.Chakkaravarthy,
Legal Aid Counsel
JUDGMENT
The appellant/A1 in Crime No.5 of 2024 filed bail petition in
Crl.M.P.No.43 of 2024 in Special S.C.No.66 of 2024 before the learned
Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act,
Tiruppur and the same was dismissed vide impugned order, dated
20.08.2024. Against which, the present criminal appeal is filed.
2.The learned counsel for the appellant submitted that the alleged
occurrence said to have taken place on 02.01.2024 at about 11 hours and it
is projected that the appellant along with two other accused assaulted the
deceased with helmet, caused grievous injuries and done to death. Hence,
the son of the deceased lodged a complaint and the case in Crime No.5 of
2024 registered. It is also projected that the appellant has got enmity against
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the deceased since the deceased not gave any respect to him. On the date of
occurrence, the deceased was found urinating on the compound wall of the
appellant, hence the appellant questioned the same and said to have attacked
the deceased. In this case, admittedly, no weapon used and the postmortem
report confirms the injury caused by using blunt material. He further
submitted that the appellant arrested on 03.01.2024 and he has been in
prison for the past nine months. In this case, investigation completed,
charge sheet filed, copies served and the case is posted for trial on
23.10.2024. For the purpose of formulating defence and to instruct his
counsel, the appellant seeks bail.
3.The learned Government Advocate (Crl. Side) appearing for the 1 st
respondent Police filed counter and submitted that the appellant along with
A2, who is a notorious history sheeter and A3, a juvenile used to cause
havoc in the area. As against the appellant, eight cases are pending, of
which three cases are NDPS Act. Due to his notoriety, the appellant gains
identity and respect in the area. The deceased who is residing adjoining to
the flat of the appellant belongs to marginalized community and the
deceased not acknowledged the notoriety and not given any respect to the
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appellant. Agitated over the same, the appellant along with his friends A2
and A3 assaulted the deceased using blunt object and committed the murder.
He further submitted that A2 to his credit got seven cases and his bail
application was recently dismissed by the Trial Court on 09.10.2024. As
regards A3 is concerned, since he is a juvenile, the case against him is
pending before the Juvenile Court. In this case, investigation completed,
charge sheet filed, copies served, charges framed and the case is posted for
trial on 23.10.2024. The trial can be completed within a stipulated period as
contemplated under Section 14(2) of The Scheduled Castes and Schedules
Tribes (Prevention of Atrocities) Act, 1989. If the appellant and other
accused let out on bail, the witnesses who are residing next to the appellant's
residence may not in a position to depose freely. Hence, strongly objected
for bail.
4.The learned counsel for the 3rd respondent submitted that in this
case, the appellant is a notorious person having several criminal cases
against him and he is also an history sheeter. His friend/A2 is an another
history sheeter and A3 is a Juvenile. All are rowdy elements. A1 to A3
joined together and assaulted the deceased for the only reason that the
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deceased who hails from marginalized community not shown any respect
and reverence to the appellant. This attitude of the appellant is nothing but
to show his dominant power. There is no serious dispute between the
accused and deceased. He further submitted that son of the deceased and
others witnesses are all residents near the house of the appellant and if the
appellant is let out on bail, there will be threat and the trial would get
jeopardized.
5.Considering the submissions and on perusal of the materials, it is
seen that the appellant is a notorious person having eight cases to his credit,
of which three cases are NDPS Act cases. Right from the year 2018, the
appellant had been committing offence having cases one after other, but he
has not shown any remorse changing his attitude. A2 is another history
sheeter having seven cases including NDPS Act Cases. Now, investigation
completed, charge sheet filed, copies served, charges framed and the case is
posted for trial on 23.10.2024. Since the witnesses are residing near the
house of the appellant, they would naturally have a fear to depose against
the appellant. It is also seen that recently the Trial Court dismissed the bail
application of A2 considering his antecedents and notoriety.
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6.In view of the same, this Court is not inclined to grant bail to the
appellant. Accordingly, this Criminal Appeal stands dismissed confirming
the impugned order, dated 20.08.2024 in Crl.M.P.No.43 of 2024 in Special
S.C.No.66 of 2024 passed by the learned Sessions Judge, Special Court for
Trial of Cases under SC/ST (POA) Act, Tiruppur.
18.10.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
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To
1.The Sessions Judge,
Special Court for Trial of Cases under SC/ST (POA) Act,
Tiruppur.
2.The Assistant Commissioner of Police,
Annuparpalayam Range,
Thirumuruganpoondi Police Station,
Tiruppur District.
3.The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
vv2
18.10.2024
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