Madras High Court
Sanjaikumar @ Sanjai @ Vellasanjai vs The Deputy Superintendent Of Police on 19 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.300 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.300 of 2025
Sanjaikumar @ Sanjai @ Vellasanjai ... Appellant
Vs.
1.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai District.
2.The Inspector of Police,
Y.Othakadai Police Station,
Madurai District.
(Crime No.389 of 2024)
3.T.Sundhar ... Respondents
PRAYER: Appeal filed under Section 14(A)(2) of the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015, to call for the entire records connected to the order, dated
24.02.2025 in Crl.M.P.No.7 of 2025, on the file of the learned III
Additional District and Sessions Court (PCR), Madurai and set aside
the same by allowing the criminal appeal and consequently enlarge the
1/8
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Crl.A(MD)No.300 of 2025
appellant on bail, in connection with the case in Crime No.389 of
2024, on the file of the second respondent police.
For Appellant : Mr.S.Rajasekaran
For R1 & R2 : Mr.A.S.Abdul Kalam Azad
Government Advocate
For R3 : Mr.Banuprasath
JUDGMENT
This Criminal Appeal is filed as against the order of the
learned Judge, III Additional District and Sessions Court (PCR),
Madurai, in Crl.M.P.No.7 of 2025 in Spl.S.C.No.119 of 2024, dated
24.02.2025, denying bail to this appellant.
2.The appellant has been arrayed as accused in Crime No.389
of 2024, on the file of the second respondent police, for the offence
under Sections 296(b), 351(3), 109, 118(2) of BNSS & Section 3 of
TNPPDL Act r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. He
was arrested and remanded to judicial custody on 22.11.2024 and since
then he is languishing in jail.
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3.The learned counsel appearing for the appellant submits
that the appellant has not committed any offence as alleged by the
prosecution. However, the trial Court has rejected the bail application
on the objections raised by the Special Public Prosecutor. He also
submits that the investigation in Crime No.389 of 2024 has already
been completed by the respondent police and a final report has been
filed before the trial Court, which has also been taken on file in Spl.SC
No.119 of 2024. Therefore, the learned counsel requests to release the
appellant on bail that he will abide by any conditions to be imposed by
this Court.
4.The learned counsel appearing for the third respondent
submits that the appellant has assaulted the defacto complainant
brutally and on account of that, he has suffered grievous injuries, for
which, he took treatment for 15 days as inpatient.
5.The learned Government Advocate has raised serious
objections that this appellant is a habitual offender, having several
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criminal cases to his credit. He has also furnished the details about the
criminal cases which are pending as against this appellant.
Name of the
Sl.No Crime Nos. offences
Police Station
1 Alanganallur 213/2023 34, 392 IPC
2 Othakadai 297/2022 394 IPC
147,148,149,302,342,427
IPC and Section 3 of
TNPPDL Act, Section 3(2)
(va) of SC/ST(POA) Act.
294(b), 323, 341, 427, 506(i)
IPC
5 Othakadai 88/2023 294(b), 323, 324, 506(ii) IPC
6 Othakadai 318/2023 379 IPC
7 Othakadai 351/2023 379 IPC
8 Othakadai 471/2023 392 IPC
9 Othakadai 362/2024 392, 397 IPC
296(b), 115(2), 118(1),
351(3) of BNS
296(b), 118(1), 351(3) BNS
& 3 of TNPPDL Act and
11 Othakadai 389/2024 Section 4 of TNPHW Act
r/w 3(1) ®, 3(1)(s), 3(2)(va)
of SC/ST (POA) Act.
12 Thirupuvanam 270/2023 392, 506(ii) and 34 IPC
The learned Government Advocate further submits that the appellant is
a history sheeted rowdy in HS No.441/2024, on the file of Othakadai
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police station. If he is released on bail, there may be chances for
absconding and trial would be delayed and also he may involve in
further offence.
6.This Court considered the rival submissions made and also
perused the materials placed on record.
7.The appellant is an accused in Crime No.389 of 2024, on
the file of the second respondent police, for the offence under Sections
296(b), 351(3), 109, 118(2) of BNSS & Section 3 of TNPPDL Act r/w
3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. It is reported that he
was arrested and remanded to judicial custody on 22.11.2024 and since
then he is languishing in jail. On the side of the appellant, it is claimed
that the final report has been filed before the trial Court and the same
was taken on file in Spl.SC No.119 of 2024. The third respondent
claims that the injury caused by this appellant is grievous in nature and
he was hospitalized for 15 days for taking treatment. The objections
of the Public Prosecutor that if the appellant is released on bail, he may
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indulge in further offences and there is possibility of absconding,
cannot be ruled out. This Court has to consider the antecedents of this
appellant that he has involved in twelve criminal cases as stated supra.
8.In view of the above, this Court is not inclined to entertain
this Criminal Appeal. At this juncture, the learned counsel for the
appellant seeks permission of this Court to withdraw this Criminal
Appeal. Since this Court has already taken a decision to dismiss this
Criminal Appeal on the objections of the learned Government
Advocate, this Court does not permit the learned counsel to withdraw
this Criminal Appeal and this Criminal Appeal is dismissed.
19.03.2025
Index : Yes/No
Internet : Yes/No
vrn
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To
1.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai District.
2.The Inspector of Police,
Y.Othakadai Police Station,
Madurai District.
(Crime No.389 of 2024)
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B.PUGALENDHI, J.,
vrn
Judgment made in
19.03.2025
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