The specific provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the discretion of the lower court in granting interim bail were central to the judgment.

JUDGMENT

(Prayer in Crl.O.P.No.7929 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C praying, to direct the Principal Sessions Judge, Chennai to consider the Bail Application of the Petitioner on the same day after the Petitioner’s surrender in Crime No. 119 of 2020 on the file of the Inspector of Police, E-3 Teynampet Police Station, Chennai.

Crl.O.P.No.7930 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C praying, to set aside the part of the order passed by the learned Principal Sessions Judge in granting interim bail to the respondent in Crl.M.P.No.(Not Assigned) of 2020 dated 23.05.2020 pending disposal of the set aside petition.

Crl.A.No.234 of 2020: Criminal Appeal filed under Section 382, 482 Cr.P.C r/w 14A of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 praying, to cancel the interim order (unnumbered) granting interim bail to the First Respondent/Accused dated 23rd May 2020 on the file of the Principal Sessions Judge, Chennai, herein in Crime No.214 of 2020 on the file of Assistant Commissioner of Police, CCB-I Police Station, Chennai.)

Common Order

1. The petitioner/accused in Crime No.119 of 2020 for offences under Section 3(1)(u) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘Act’) filed Crl.O.P.No.7929 of 2020 seeking direction to the learned Principle Sessions Judge, Chennai to consider the bail application of the petitioner on the same day after his surrender in Crime No.119 of 2020 on the file of the first respondent. Crl.M.P.No.4010/2020 is filed to amend the Crime number as 214 of 2020 in the cause title of Criminal original petition for the reason that the investigation of the case in Crime No.119 of 2020 has been transferred from the file of Inspector of Police, E3, Teynampet Police Station, Chennai -600 018 to the file of Inspector of Police, Central Crime Branch, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007 and renumbered as crime No.214 of 2020, which is allowed.

2. Crl.O.P.No.7930 of 2020 is filed against the order of the Principal Sessions Judge, Chennai in granting interim bail to the respondent in Crl.M.P.No. Unnumbered/2020 dated 23.05.2020 and also filed Crl.M.P.No.4009 of 2020 to stay the grant of interim bail.    3. In the above Criminal Original petition, the de-facto complainant/second respondent filed intervening petition, counter and rejoinder. The first respondent/State has filed common counter.

4. Criminal Appeal No.234 of 2020 is filed by the de-facto complainant to cancel the interim bail granted by the learned Principal Sessions Judge, Chennai counter is filed by the first respondent/petitioner in Crl.O.P.No.7929 of 2020.

5. Since the issues involved in all these Criminal Original Petitions are common and pertains to Crime No.214/2020, they are taken up together and disposed of by a common order.

6. The F.I.R. in this case came to be registered on 12.03.2020 by the Assistant Commissioner of Police, Teynampet, E3 Teynampet Police Station for the offences stated above. The informant in this case is the head of Athithamilar Makkal Katchi from 2016. He has been working to help the people who are from the downtrodden SC/ST and also to do the development in their Education and to strength their mutate by helping them improve their day to day life style. On 15.02.2020 an event viz., ‘Kalaignar Vasagar Vattaram’ was organised. In the said function Mr.R.S.Bharathi Member of Rajya Sabha and Mr.Dayanadhi Maran Member of Lok Sabha addressed the audience of more than 100 numbers, consisting of DMK party member, media and general public. The accused belongs to DMK party and is well known leader and has made disrespectful remarks on members of oppressed class stating that the appointment of Hon’ble Justice A.Varadharajan, who belongs to lower caste and other 7 or 8 appointments of lower caste judges to High Court were alms rendered by form