JUDGMENT :

(Prayer: Criminal Appeal Case filed under Section 14 A(1) and 3 of SC/ST (PoA) Act, 2015, to set aside the order in Crl.M.P.No.2914 of 2021 dated 06.10.2021 passed by the learned District and Sessions Judge, Nagapattinam and consequently enlargement of the petitioners on bail in Crime No.561 of 2021 on the file of the Inspector of Police, Vedaranyam.)

1. The criminal appeal has been filed against the dismissal of the bail application by the learned District and Sessions Judge, Nagapattina, dated 06.10.2021 in Crl.M.P.No.2914 of 2021.

2. The case as per the defacto complainant Balakrishnan is that on 05.09.2021 at about 10.00 p.m. his brother Manoharan had gone out of his house after quarrelling with his wife and that at around 10.30 p.m., since there was rain, he had taken shelter near a shop situated near Madhakovil Hundiyal. At that time, the accused had come and questioned his brother who he was, since his brother was in inebriated condition, he was unable to understand what was spoken by him. At that time, one of the accused had punched his brother on his cheek and his brother has taken an iron rod from the nearby Welding Shop and that the accused had snatched the iron rod from him and assaulted his brother and when his brother raised alarm the accused had abused him in filthy language and left the place. Coming to know about the incident, his brother's son David had taken his brother to the Government Hospital and after giving first aid he was brought him back home. On the next day morning, he had seen injuries on his brother's face and thereafter he had taken his brother to Government Hospital at Vedaranyam and admitted him as inpatient. Since his brother was unable to speak, the defacto complainant had given the complaint to the police. Based on his complaint, the case was registered in Crime No.561 of 2021 against the accused for the offence under Sections 294(b), 324 and 506(ii) of IPC. Later, on further investigation, the offence under Section 307 IPC r/w 3(2)(v) SC/ST (PoA), 2015 was also included. The accused were arrested on 09.09.2021 and remanded to judicial custody on the same day. Thereafter, during pendency of the investigation, the victim was referred to Nagapattinam Medical College and Hospital and referred to Thiruvarur Medical College and Hospital and not responding treatment succumbed to the injuries and died on 08.09.2021 and thereafter the offence under Section 307 has been altered to 302 of IPC. The accused had filed the petition for bail and the learned District and Sessions Judge, Nagapattinam, by order dated 06.10.2021 dismissed the same, against which present appeal has been filed.

3. The learned counsel appearing for the appellants/accused would submit that the incident had happened at the night hours and the appellant and the deceased were in inebriated condition and at that time due to quarrel, the incident had occurred. It is an unfortunate incident and that the appellants do not have any intention to cause injuries on the deceased. Even as per the FIR, the deceased is stated to have attempted to assault the accused with an iron rod taken from the nearby Welding Shop. He would further submit that even as per the original FIR, nothing has been stated by the defacto complaint that the incident had happened since the victim belonged to the oppressed community and also the defacto complainant in his original complaint has not stated that the accused had abused the deceased filthily calling him by his caste name. The learned counsel would further submit that later the offence was altered including the provisions of the SC/ST (PoA) Act and thereafter, since the deceased succumbed to the injuries, the offence under Section 307 IPC was altered to 302 IPC. He would further submit that the petitioners are in custody from 09.09.2021 and the major part of the investigation has also been completed and charge sheet has been filed and the case has been taken on file in Spl.S.C.No.38 of 2021 and thereb