JUDGMENT

This Criminal Appeal Petition has been filed against the order passed in Crl.M.P.No.2285 of 2022 by the Sessions Judge, Special Court for exclusive Trial of cases registered under the Scheduled Castes and Scheduled Tribes (POA) ct, 1989, Villupuram.

2. The case of the prosecution is that the 3rd respondent herein has preferred a complaint to the Superintendent of Police, Villupuram District alleging that she belongs to Irular Community and that on 22.11.2021, her husband was taken by three police personnel and further on the same day, she along with 9 people were taken in a van and on reaching a deserted place, the police personnels A2 to A5 have committed rape on the four women including the defacto complainant. Hence, on a complaint preferred on 26.11.2011, a First Information Report was registered in Crime No.887 of 2011. On investigation by the 2nd respondent, the department had suspended the appellant along with other four accused from 2011 to 2014 and after investigation, a charge sheet has been filed before the learned Judicial Magistrate Court, Thirukovilur against them and the same has been committed to Sessions Judge, Special Court for exclusive trial of cases registered under the scheduled castes and the scheduled tribes (Prevention of Atrocities) Act, 1989, Villupuram accused, wherein, the appellant/A1 was charged under sections 147, 166, 323, 341, 342, 348, 365 IPC, r/w.3(i)(XII) SC/ST Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, A2 and A3 were charged under sections 147, 166, 341, 342, 348, 365, 376(2)a(i) IPC, r/w. section 3(1)(XII) SC/ST Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. A4 was charged under sections 147, 166, 341, 342, 348, 365, 376(2)a(i) and (e) IPC, r/w. section 3(i)(XII) SC/ST Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and A5 was charged under sections 147, 341, 342, 348, 365, 376 IPC, r/w. section 3(i)(XII) SC/ST Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and the case is now pending before the said court in S.C.No.59 of 2022.

3. The appellant, after surrendering himself before the Sessions Judge, Special Court for exclusive trial of cases registered under the scheduled castes and the scheduled tribes (Prevention of Atrocities) Act, 1989, Villupuram on 14.11.2022, filed a petition for bail in Crl.M.P.No.2285 of 2022 and the same was dismissed by the learned Sessions Judge, vide his order dated 23.11.2022. Against such dismissal, the appellant has filed the present appeal.

4. The learned counsel for the petitioner submitted that the petitioner is A1 in Crime No.887 of 2011. After investigation, final report has been filed and now the case is pending trial in S.C.No.59 of 2022. He further contended that in respect of A1/appellant, there is no specific charge for the offence punishable under section 376 IPC. The charge against this petitioner is only under sections 147, 166, 323, 341, 342, 348, 365 IPC, r/w.3(i)(XII) SC/ST Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

5. He would further contend that the petitioner is Inspector of Police and he is under suspension and there is no chance for escaping from the place and evading trial. The petitioner has been in judicial custody from

14.11.2022. Thus he pleaded to grant bail to the appellant.

6. The learned counsel appearing for the 3rd respondent/defacto complainant objected to grant bail by contending that the petitioner, being an Inspector of Police, there is every chance for threatening the witnesses. He would further contend that if the petitioner has been granted bail, he would threaten the witnesses and it would prejudice the rights of the defacto complainant and other witnesses and it would be very difficult for them to give evidence before the trial court. Thus he prayed for dismissal of this appeal.

7. The learned Govt. Advocate (crl.side) submitted that except this appellant/A1, the remaining accu