Crl.A.No.494 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V. SIVAGNANAM

Crl.A.No.494 of 2023

1.Nagarajan

2.Vinoth

3.Sundar @ Joseph

4.Kavinkumar

5.Nishar

6.Naveeth

... Appellants

Vs.

1. The State represented by

the Deputy Superintendent of Police

Namakkal Sub-Division

Namakkal District.

2.Mr.Krishnakumar

Village Administrative Officer

Valavanthinadu Village

Kolli Hills Taluk

Namakkal District.

3.Sathya

... Respondents

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Crl.A.No.494 of 2023

Prayer : Criminal Appeal filed under Sections 14-A(2) of SC and ST

(POA) Act, 1989 read with 378 of Cr.P.C., to set aside the order dated

18.04.2023 passed by the Sessions Court and Special Court for SC/ST

(POA) Act, Namakkal in C.M.P.No.196 of 2023 refusing bail to the

appellants in connection with Crime No.24 of 2023 for the offences

punishable under Sections 147, 148, 294(b), 364(A), 302 of IPC read with

3(2)(v) of SC/ST of POA Act, 2015 on the file of the respondent Police.

For Appellants : Mr.S.Senthil

For R1

: Mr.A.Gokulakrishnan

Additional Public Prosecutor

For R2

: No appearance

For R3

: Mr.N.Manoharan

Court appointed counsel

JUDGMENT

This Criminal Appeal has been filed challenging the order passed by

the Sessions Court and Special Court for SC/ST (POA) Act, Namakkal in

C.M.P.No.196 of 2023, dated 18.04.2023, in and by which, the learned

Special Judge for SC/ST (POA) Act, Namakkal, has dismissed the bail

application filed by the appellants under Section 439 of Cr.P.C.

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Crl.A.No.494 of 2023

2. Learned counsel appearing for the appellants submitted that the

respondent Police registered a case against the appellants in Crime No.24 of

2023 for the offences under Sections 147, 148, 294(b), 364(A), 302 of IPC

read with 3(2)(v) of SC/ST of POA Amendment Act, 2015, in pursuance of

the complaint given by the Village Administrative Officer, Valavanthinadu

Village, Kollimalai, Namakkal District. In the complaint, it is alleged that

on 05.03.2023 at about 23.00 p.m. in a lodge namely, Panimalar at

Kollimalai in room No.1, the 2^nd respondent/Village Administrative Officer

found one Saravanan with injuries on his head, contusions on his back, neck

and reportedly dead and hence, the Village Administrative Officer gave a

complaint before the Police for taking action against the accused persons.

Based on the complaint, the case has been registered against the appellants

for the aforesaid offences. After investigation, the Inspector of Police,

Valavanthinadu Police Station, arrested A1/Nagarajan. Based on his

confession, other accused have been arrested. Learned counsel further

submitted that there is no eye-witness to the occurrence and the appellants

have been falsely implicated in the case. The appellants are in custody for

more than 90 days and hence, seeks to set aside the impugned order and

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Crl.A.No.494 of 2023

grant bail to the appellants.

3. Mr.N.Manoharan, learned counsel, who has been appointed by the

Court for representing the 3^rd respondent, wife of the deceased Saravanan,

submitted that the deceased Saravanan got loan from the accused persons.

Since he has not repaid that amount, he was forcibly kidnapped, assaulted

brutally and was murdered by the accused and thereafter, put him in the

room and locked the room. He further submitted that being serious offence,

bail should not be granted to the appellants and may be ordered speedy

disposal of the case and seeks dismissal of the bail application.

4. When the matter is taken up for hearing, learned Additional Public

Prosecutor appearing for the 1^st respondent Police submitted that case has

been registered against the accused persons in pursuance of the complaint

given by the Vil