Madras High Court
Raja @ Pura Raja vs The State Of Tamil Nadu on 23 September, 2024
Crl.A(MD)No.756 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.756 of 2024
Raja @ Pura Raja
... Appellant/Accused
Vs
1. The State of Tamil Nadu,
Rep by the Deputy Superintendent of Police,
Tiruchendur Police Station,
Thoothukudi District. Crime No. 270/2023.
2. Pechiammal
... Respondents
Prayer : This Appeal is filed under Section 14-A(2) of the Scheduled Castes
and the Scheduled Tribes (POA) Act 1989, to call for the records relating to
the order in Cr.M.P.No.664 of 2024 in Cr.No.270 of 2023, dated 22.06.2024
on the file of Court of Sessions, Special Court for Exclusive Trial of Cases
under SC/ST (POA) Act, Thoothukudi (FAC) and set aside the same and
allow this Criminal Appeal.
For appellant : Mr.J.Joseph Zinoson
For R-1 : Mr.M.Sakthikumar
Government Advocate (Crl. Side)
For R2 : No Appearance
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1/5
Crl.A(MD)No.756 of 2024
JUDGMENT
This Criminal Appeal has been filed to set aside the order in
Cr.M.P.No.664 of 2024 in Cr.No.270 of 2023, dated 22.06.2024 passed by
the learned Sessions Judge, Special Court for Exclusive Trial of Cases under
SC/ST (POA) Act, Thoothukudi (FAC).
2.The case of the prosecution is that on 07.09.2013 at about
04.15p.m., in the place of occurrence, when the accused persons were taking
liquor, the deceased went there and questioned the accused. On getting angry
over that, the deceased kidnapped by the accused persons to an isolated place,
stabbed him with beer bottle and murdered him. The accused persons also
dug a hole and buried the body of the deceased. On the basis of complaint
given by the deceased wife, a case in Cr.No.270 of 2023 was registered under
Section Man Missing and then altered into offence under Sections 364, 365,
302, 201 IPC and Section 3(2)(v) of SC/ST (POA) Amendment Act 2015 on
the file of the respondent police. After completion of investigation, final
report filed before the trial Court and the same was numbered as S.C.No.19 of
2024. Seeking bail, the appellant has moved before the trial Court and the
same was dismissed by the trial Court on 22.06.2024. Against the above said
order, this appeal has been preferred.
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3.The learned counsel for the petitioner submitted that in view of
long incarceration undergone by the petitioner, the appeal may be considered.
4.The learned Additional Public Prosecutor submitted that the
appellant has several previous cases in his credit, among which, one is under
Section 307 IPC. Hence, prays to dismiss the appeal.
5.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the respondent Police.
6.Considering the grievous nature of offence and considering the
manner in which the offence is committed, if the appellant is released on bail,
there is every likelihood for absconding and there is no guarantee that he will
not commit similar offence during the bail period, since the appellant has
already committed offence under Section 307 IPC, which indicates the
habitual nature of the appellant. In this case, since final report is filed and
taken cognizance and trial is going to commence, I am of the considered view
that the appellant is not entitled for bail at this stage. He may revive his
application after the completion of examination of material witnesses.
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7.With the above observations, this criminal appeal stands
dismissed.
23.09.2024
Index : Yes/No
Internet : Yes/No
PNM
To
1.The Sessions Judge,
Special Court for Exclusive Trial of Cases under SC/ST (POA) Act,
Thoothukudi (FAC)
2. The Deputy Superintendent of Police,
Tiruchendur Police Station,
Thoothukudi District. Crime No. 270/2023.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J.
PNM
23.09.2024
https://www.mhc.tn.gov.in/judis
