Madras High Court
Arumugam @ Aru vs The Assistant Commissioner Of Police on 12 September, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.Nos.1040 & 1056 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.Nos.1040 & 1056 of 2024
Crl.A.No.1040 of 2024
1.Arumugam @ Aru
2.Selvam @ Sotta Selvam ... Appellants
Vs.
1.The Assistant Commissioner of Police,
Office of the Assistant Commissioner of Police,
Ambattur, Chennai.
2.The Inspector of Police,
Ambattur Estate Police Station,
Chennai.
3.Kaviya ... Respondents
Crl.A.No.1056 of 2024
Srinivasan ... Appellant
Vs.
1.The Assistant Commissioner of Police,
Assistant Commissioner Office,
Ambattur, Chennai-600053.
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Crl.A.Nos.1040 & 1056 of 2024
2.State through,
The Inspector of Police,
Ambattur Estate Police Station,
Thiruvallur District.
(Cr.No.682 of 2023).
3.Kaviya ... Respondents
PRAYER in Crl.A.No.1040 of 2024: Criminal Appeal filed under Section
14A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015, to set aside the order in Crl.M.P.No.4470
of 2024 dated 06.08.2024 passed by the learned Principal District &
Sessions Judge, Tiruvallur and enlarge the appellants on bail in connected
with Crime No.682 of 2023, on the file of the 1st respondent Police.
PRAYER in Crl.A.No.1053 of 2024: Criminal Appeal filed under Section
14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, to set aside the order, dated 06.08.2024 passed by the
Principal District and Sessions Judge, Tiruvallur in Crl.M.P.No.4242 of
2024 against the petitioner/accused and enlarge the petitioner on bail in
S.C.No.158 of 2024 on the file of the Principal District and Sessions Judge,
Tiruvallur.
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Crl.A.Nos.1040 & 1056 of 2024
For Appellants : Mr.Ilayaraja Kandasamy
in Crl.A.No.1040 of 2024
Mr.S.Petchiappan
in Crl.A.No.1056 of 2024
For R1 & R2 : Mr.R.Vinothraja,
Government Advocate (Crl. Side)
in both appeals
For R3 : Ms.T.Jothika in both appeals
COMMON JUDGMENT
The appellants who are A1 to A3 in Crime No.682 of 2023 for offence
under Sections 302, 147, 148, 341, 120B, 149 of IPC and Sections 3(2)(v)
of the Scheduled Cases and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015, have filed bail applications in Crl.M.P.Nos.4470 &
4242 of 2024 before the learned Principal District and Sessions Judge,
Tiruvallur and the same were dismissed vide impugned orders, dated
06.08.2024. Against which, the present criminal appeals filed.
2.The learned counsel for the appellants submitted that there are
totally seven accused in this case except for the present appellants, all the
other accused granted bail. The appellants are falsely implicated for
statistical purpose. In this case, the deceased Nanthini had antecedents and
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Crl.A.Nos.1040 & 1056 of 2024
earned several enemies. Since the husband of Nanthini Sathish Kumar said
to be murdered by one Balaji @ Bonda Balaji who happens to be the brother
of A1 and A2 herein, the appellants falsely implicated in this case as though
they are the reason for murder of Nanthini. Now, the investigation
completed and charge sheet filed. Hence, there is no possibility of any
interference by the appellants and the further detention of the appellants
unwarranted.
3.The learned counsel for the 3rd respondent/defacto complainant
strongly opposed the appellants' submissions stating that A1 in this case has
fifteen cases, A2 has four cases, A3 has eight cases to their credit. They are
all rowdy elements and committed the murder of the deceased Nanthini in a
broad day light in public place. Now the 3rd respondent fears for her life for
the reason that the appellants through others, are exerting pressure not to
depose against them. In the event of appellants let on bail, likelihood of fair
trial would get jeopardised. She further submitted that investigation
completed and charge sheet filed and there are only limited witnesses. In
any event, the entire trial can be concluded within a stipulated period.
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Crl.A.Nos.1040 & 1056 of 2024
4.The learned Government Advocate (Crl. Side) appearing for the
respondents 1 and 2 submitted that on 17.12.2023 at about 12.00 hours, the
3rd respondent along with the deceased went to the death ceremony at I.C.F
Colony and while returning to home, A1 and A2 joined with other accused
assaulted the deceased with knife and made severe injuries on her body.
The 3rd respondent shouted, public gathered and the accused escaped from
the place. On the complaint of 3rd respondent, a case in Crime No.682 of
2023 for offence under Section 302 of IPC registered against the accused.
Thereafter, the Investigating Officer visited the scene of occurrence,
prepared Observation Mahazar, Rough Sketch, conducted inquest on the
body of the deceased, sent the body for postmortem and recorded the
statement of witnesses. On 18.12.2024, the Investigating Officer arrested
A1, A2, A4, A5, A7 and obtained their confession statement and produced
for remand. Based on the statements of witnesses and documents, the
Sections altered to 302, 147, 148, 341, 120B, 149 of IPC and Sections
3(2)(v) of the Scheduled Cases and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 and charge sheet filed before the Trial
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Crl.A.Nos.1040 & 1056 of 2024
Court and taken on file as S.C.No.156 of 2024. During trial, A4 to A7 were
granted bail by the Trial Court. He further submitted that the bail
applications of the present appellants dismissed for the reason that as
against them several cases are pending at the stage of trial and investigation.
If the appellants are released on bail, they would commit similar kind of
offence and also threaten the witnesses not to depose against them. Hence,
strongly opposed for grant of bail.
5.In view of the antecedents of the appellants who are having several
cases to their credit, this Court is not inclined to interfere with the impugned
order, dated 06.08.2024 in Crl.M.P.Nos.4470 & 4242 of 2024 passed by the
learned Principal District and Sessions Judge, Tiruvallur and the same are
confirmed. Accordingly, criminal appeals are dismissed.
6.The learned Principal District and Sessions Judge, Tiruvallur is
reminded that as per Section 14(2) of the Scheduled Castes of Scheduled
Tribes (Prevention of Atrocities) Act, 1989, the trial of the case to be
completed within a period of two months posting the same on a day to day
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Crl.A.Nos.1040 & 1056 of 2024
basis. Following the same, the Trial Court to complete the trial in
S.C.No.158 of 2024 within a stipulated period since the appellants herein
are in prison.
12.09.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
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Note: Issue order copy on 19.09.2024
To
1.The Principal District and Sessions Judge,
Tiruvallur.
2.The Assistant Commissioner of Police,
Office of the Assistant Commissioner of Police,
Ambattur, Chennai.
3.The Inspector of Police,
Ambattur Estate Police Station,
Chennai.
4.The Public Prosecutor,
Madras High Court.
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Crl.A.Nos.1040 & 1056 of 2024
M.NIRMAL KUMAR, J.
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Crl.A.Nos.1040 & 1056 of 2024
12.09.2024
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