JUDGMENT

(Prayer: This Criminal Appeal is filed under Section 14A(2) of SC & ST (POA) Amendment Act, 2015, to call for the records relating to the impugned order passed in Crl.M.P.No.50 of 2023 dated 19.01.2023 on the file of the Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi (FAC), Thoothukudi District and set aside the same as illegal and arbitrary and enlarge the appellant/accused No.4 in Crime No.374 of 2022 on the file of the respondent on bail by allowing the appeal.)

1. This Criminal Appeal has been filed to set aside the order passed by the learned Sessions Judge, Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi (FAC), in Crl.M.P.No.50 of 2023 dated 19.01.2023 and enlarge the appellant on bail in Crime No.374 of 2022.

2. The case of the prosecution is that on 04.10.2022 at about 07.30 p.m., the appellant/fourth accused along with the other accused had assembled unlawfully with deadly weapons and abused the third respondent/ defacto complainant by using her caste name and attacked the third respondent''s husband, namely, Azhagudurai and murdered him, who belonging to Scheduled Caste community and on the basis of the complaint given by the