Madras High Court
Subbaiyapandi vs State Through The on 27 September, 2024
Crl.A(MD)Nos.703 and 776 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)Nos.703 and 776 of 2024
In Crl.A.(MD)No.703 of 2024
1.Subbaiyapandi
2.Manikandan ... Appellants / Petitioners /
Accused Nos. 4 and 7
In Crl.A.(MD)No.776 of 2024
1.Kalimuthu
2.Dhanasekaran @ Subbu ... Appellants / Petitioners /
Accused Nos. 3 and 5
Vs.
1.State through the
The Deputy Superintendent of Police,
Sattur Town Police Station,
Virudhunagar District.
2.The Inspector of Police,
Sattur Town Police Station,
Virudhunagar District.
(Crime No.358/2023) ... Respondents / Respondents / Complainant
3.Irulapparaja ... Respondent / Respondent /
Defacto Complainant / Victim
(in both Criminal Appeals)
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Crl.A(MD)Nos.703 and 776 of 2024
Prayer in Crl.A.(MD)No.703 of 2024: This Appeal is filed under Section
14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2005, to call for the records and set aside the
order dated 19.06.2024 made in Crl.M.P.No.165 of 2024, on the file of the
Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur.
Prayer in Crl.A.(MD)No.776 of 2024: This Appeal is filed under Section
14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2005, to call for the records pertaining to the
order dated 07.03.2024 in Crl.M.P.No.52 of 2024 in Spl.S.C.No.01 of 2024
on the file of the Sessions Judge, Special Court for Trial of Cases under
SC/ST (POA) Act, Srivilliputhur and to set aside the same and enlarge the
appellants on bail in connection with the Crime No.358 of 2023 on the file of
the respondent police by allowing this Criminal Appeal.
For appellants : Mr.C.Senthil Murugan
in Crl.A.(MD)No.703 of 2024
For appellants : Mr.S.Prabha
in Crl.A.(MD)No.776 of 2024
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : Mr.R.Venkatesan
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Crl.A(MD)Nos.703 and 776 of 2024
COMMON JUDGMENT
Heard the learned Counsel appearing for the appellants and learned
Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and
the learned counsel appearing for the third respondent.
2.These Criminal Appeal has been filed to call for the records and
to set aside the order dated 07.03.2024 in Crl.M.P.No.52 of 2024 and the
order dated 19.06.2024 made in Crl.M.P.No.165 of 2024, by the learned
Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,
Virudhunagar, at Srivilliputhur, consequently enlarge the appellants /
Accused Nos. 3, 4, 5 and 7, on bail in Crime No.358 of 2023 on the file of the
respondent police.
3. The case of the prosecution in brief is that the third respondent is
the defacto complainant who is the brother of the deceased. They belong to
Scheduled Caste Community. The deceased was working in TASMAC Bar
situated at Ethal Harvey Road. On 10.10.2023 at about 12.00 p.m., in the
night, the deceased was done to death by the accused persons with Aruval.
On the basis of the occurrence, a case in Crime No.358 of 2023 for the
offences punishable under Sections 294(b), 302, 506(2) of IPC and Sections
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Crl.A(MD)Nos.703 and 776 of 2024
3(1)(r), 3(1)(s), and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989,
was registered before the second respondent police. After completing the
investigation, final report was filed in Spl.S.C.No.1 of 2024 before the trial
Court. Now it is pending for trial. Subsequent to the FIR, the accused were
arrested on 12.10.2023 and 13.10.2023. They moved bail applications in
Crl..M.P.Nos.165 and 52 of 2024, respectively, before the learned Sessions
Judge, Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar
District at Srivilliputhur. The trial Court by order dated 19.06.2024 and
07.03.2024, respectively, dismissed the bail applications. Against which
these appeals are preferred.
4. Perusal of records shows that it is a case of retaliatory murder. In
the FIR it has been stated that on 01.10.2023, there was an issue between one
Madeswaran and Kalimuthu. So, to retaliate the assault on Kalimuthu, the
present occurrence said to have been taken place. Eventhough, it is submitted
by the appellants that after the above said alleged occurrence, peace is
returned to the village and there is no threat to anyone, it was submitted by
the learned counsel for the defacto complainant that one Mareeswaran filed a
writ petition before this Court in W.P.(MD)No.928 of 2024. That was also
ordered by this Court by order dated 13.02.2024. According to him, still the
threat persist and if the appellants are released on bail, their life will be
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Crl.A(MD)Nos.703 and 776 of 2024
danger. Therefore, learned Government Advocate (Crl.) was required to
verify the position. He would submit that it is a retaliation, committed by the
appellants.
5. Eventhough, the learned counsel for the appellants in
Crl.A(MD)No.776 of 2024 stated that they are not involved in the occurrence,
the manner in which the occurrence said to have been taken place and the
reason for the present occurrence, I am of the considered view that if the
appellants are released on bail, there is every likelihood of hamper and tamper
the evidence, threat to the witnesses. So the order passed by the learned
Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,
Virudhunagar at Srivilliputhur, in both the matters in Crl.M.P.No.52 of 2024
dated 07.03.2024 and the order in Crl.M.P.No.165 of 2024 dated 19.06.2024,
require no interference.
6. Accordingly, these Criminal Appeals are dismissed.
27.09.2024
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
pnn
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Crl.A(MD)Nos.703 and 776 of 2024
To
1. The Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,
Virudhunagar at Srivilliputhur.
2.The Superintendent, District Prison, Virudhunagar,
3.The Deputy Superintendent of Police, Sattur Town Police Station,
Virudhunagar District.
4.The Inspector of Police, Sattur Town Police Station,
Virudhunagar District. (Crime No.358/2023)
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)Nos.703 and 776 of 2024
G.ILANGOVAN,J.
pnn
Crl.A(MD)Nos.703 and 776 of 2024
27.09.2024
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