The court emphasized that bail under the SC/ST Act requires victim's hearing, and remand is not mandatory but subject to the Magistrate's discretion.

JUDGMENT :

P.VELMURUGAN, J.

This criminal appeal has been filed by the State against the order of the learned Judicial Magistrate No.II, Salem, rejecting the remand of the first respondent/accused.

2. The learned Additional Public Prosecutor appearing for the petitioner/State would submit that the second respondent had lodged a complaint against the first respondent stating that he is the President of Periyar University Labour Union. The first accused had started a company in the name of M/s.Periya University Technology Entrepreneurship and Research Foundation (PUTER Foundation) by making huge investments without approval of Syndicate or from the Government and had illegally allotted a building for the above said company inside the Periyar University campus by abusing his power and incurred loss to the University.

2.1 PUTER Foundation had entered into an agreement with Tamilnadu Agricultural University, Coimbatore, Deepam Education Private Limited, Monolith Technology Pvt. Ltd., Active Edutechnology Pvt. Ltd., Futurristic Systems Pvt. Ltd., India Turns Pick (ITP), Vinayaga Mission Research Foundation, Media and Entertainment Skills Council (MESC). The said institutions have absolutely no connection with Periyar University or anything related to higher education. While so, the second respondent/defacto complainant along with his friend met the first accused on 26.12.2023 and enquired about the function of PUTER Foundation and the accused abused him with slur words uttering his caste name in a public place. Therefore a case in Cr.No.1003 of 2023 was registered against the first respondent for the offence under Section 294(b), 120(b), 420, 468, 409 r/w 511, 506(1) and 3(1)(r) and 3 (1)(s) of SC/ST Act .

2.2 After registering FIR, Assistant Commissioner of Police took up investigation as the case involves offence under SC/ST Act . The first respondent was secured on 26.12.2023 and produced before the learned Judicial Magistrate No.II, Salem, since designated Court was on vacation. The learned Judicial Magistrate, on hearing the request of learned Public Prosecutor for remand of the accused and the learned counsel for the accused, passed the impugned order, rejecting the request of the prosecution and granted bail by order dated 27.12.2023.

2.3 The learned Judicial Magistrate relying upon the decisions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and Satendar Kumar Antil vs. CBI made an observation that the offfences are punishable upto seven years imprisonment, but the learned Magistrate failed to note that Section 409 IPC is punishable with imprisonment for life. Therefore the decisions relied on by the learned Judicial Magistrate are not applicable to the facts of the present case on hand.

2.4 The learned Judicial Magistrate erroneously came to the conclusion that there is no specific averment of misappropriation or cheating against the accused and the investigation can be proceeded further without remanding the accused to judicial custody.

2.5 The learned Judicial Magistrate, even though rightly quoted Section 15A (3) the SC/ST Act , which bestow the right of the victim at all stages, but, observed that prosecution has been elaborately heard on behalf of the victim and rejected the remand of the accused. Further the Hon'ble Apex Court and this Court held that in the cases of offences falling under the Special Act, the designated Court only has jurisdiction to grant bail. Hence the order of the learned Judicial Magistrate granting bail to the accused without giving notice to the victim, is completely against the provisions of Section 15A (3) of the SC/ST Act .

2.6 The learned Magistrate failed to note the object of remand, which helps the prosecution to interrogate the accused to know the motive of the crime and other essential details and erroneously passed order of rejection of remand request and further granted bail.

2.7 The learned Additional Public Prosecutor, to support his contentions placed reliance