JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 14 A(2) of SC/ST (POA) Amended Act, to set aside the order passed in Crl.M.P. No.5049 of 2021 dated 17.11.2021 on the file of Principal District & Sessions Judge, Thiruvallur District and enlarge the Appellant on bail in Crime No.2005 of 2021 on the file of respondent police.)

1. This Criminal Appeal has been filed against the dismissal of the bail application by the learned Principal District and Sessions Judge, Tiruvallur in Crl.M.P. No.5049 of 2021 dated 17.11.2021.

2. The case of the prosecution as per the defacto complainant is that on 04.11.2021, at about 08.30 p.m., while he was going in his car to his relatives house, 15 persons had blocked the road in inebriated condition and were bursting crackers. They have waylaid the vehicle of the defacto complainant and they have called him by his caste name and threatened him saying that he should not come through their way by having a party flag in the vehicle and saying so, they have assaulted him and also caused damage to his car and also damaged the windshield of the car. On the complaint given by the defacto complainant, a case in Crime No.2005/2021 was registered by the respondent for the offences under sections 147, 341, 294(b), 324, 427 I.P.C. and 3(1)(r) and 3(1)(s) of the SC/ST, Prevention of Atrocities Act, 1989. He would further submit that the appellant was arrested on 05.11.2021 and remanded to the judicial custody on the same day. The appellant had filed an application for bail in Crl.M.P.No.5049 of 2021 before the learned Principal District and Sessions Judge, Tiruvallur and the learned Judge was pleased to dismiss it on 17.11.2021, against which, the present appeal has been filed.

3. Learned counsel for the appellant would further submit that the appellant is innocent and has been falsely implicated in this case. He would further submit that the appellant along with his villagers were celebrating Diwali and bursting crackers and at that time, the defacto complainant had driven the vehicle in a rash and negligent manner in the village and when it was questioned by them, false complaint has been given. He would further submit that even as per the complaint, the occurrence is stated to have taken place on Diwali day, while the accused was stated to have been bursting crackers. The defacto complainant belongs to a particular political party and he has falsely implicated the appellant and others using his political influence. He would further submit that the appellant is in custody from 05.11.2021 and that major part of the investigation is also over.

4. The respondents 1 and 2 filed counter affidavit. Mr.S.Sugendran, learned Government Advocate (Crl.Side) appearing for the first and second respondents would submit that the defacto complaint belongs to a political party and he had driven the vehicle with his party flag on the vehicle. The accused, coming to know that the defacto complainant belongs to a particular political party and community, had waylaid him, abused him by calling his caste name and have assaulted him and also caused damage to the vehicle. He would further submit that the appellant was arrested on 05.11.2021 and remanded to the judicial custody. The other accused have absconded and the respondent is taking steps to secure them.

5. Mr.K.Balaji, learned counsel appearing for the intervenor/defacto complainant would submit that the defacto complainant is a well known person in the area. He belongs to schedule caste community and also functionary of a political party. The accused knowing well that the defacto complainant belongs to the particular community and the party, had waylaid him and abused him by calling his caste name and also caused severe damage to the vehicle. He would further submit that the value of the damage of the car is more than Rs.25,000/-.

6. At this juncture, Mr.Vignesh, learned counsel for the appellant would submit that the appellant without prejudice to his contentions is