IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.10.2024 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.A.No.1193 of 2024 Bensha C.Shaji ... Appellant Vs.

1.The Assistant Commissioner of Police, T19 Kelambakkam Police Station, Kelambakkam, Chennai – 600 103.

2.The Inspector of Police, T19 Kelambakkam Police Station, Kelambakkam, Chennai – 600 103.

3.Saran ... Respondents Prayer: Criminal Appeal filed under Section 14A(II) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 12.09.2024 passed in Crl.M.P.No.2567 of 2024 on the file of the Principal District and Sessions Court, Chengalpattu and enlarge the appellant on bail.

For Appellant : Mr.K.Sharath Chandran For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl. Side)

For R3 : Mr.Krishnasamy Chinnasamy JUDGMENT This Criminal Appeal has been filed to set aside the impugned order in Crl.M.P.No.2567 of 2024, dated 12.09.2024 passed by the learned Principal District and Sessions Judge, Chengalpattu and enlarge the appellant on bail in connection with Crime No.237 of 2024 on the file of the second respondent Police Station.

2.The appellant/accused in Crime No.237 of 2024 was arrested on

30.08.2024 by the respondent police for the offence under Sections 294(b), 506(i) of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.The gist of the case is that the third respondent/defacto complainant is a student in Hindustan University studying Law (LLB Second Year). On

02.04.2024 the defacto complainant along with his classmates went for four days industrial visit to Cochin, Kerala State. On 05.04.2024 at about 11.35 p.m., two female students were standing in front of their room in the first floor, the appellant was in the ground floor and he called them to his room where he informed that he is going to consume alcohol and whether they are interested. The appellant further informed that if he had not married earlier, he would have married one of them who seems to be equal to his height and personality. Further, the appellant is also enticing the girls towards the Tour Organizer and they were also harassed, which was informed to the defacto complainant. On 10.04.2024 at about 10.00 a.m., three students including the defacto complainant lodged a complaint to the College Management and when they came out, they saw the appellant who questioned them stating that he was looking after them as brother and why they made such false allegations. Further, the appellant called the defacto complainant using his caste name and informed him to look after his studies alone, otherwise he would ensure that his life would be put to misery and he would be dismissed from the College. As stated so, on 12.04.2024 the defacto complainant was suspended and his parents were informed about his suspension. On 15.04.2024, the defacto complainant along with his parents approached the College Authorities, they were informed that the dismissal order would be cancelled and suspension order alone would be closed in some time. Later it came to know that suspension order was revoked on 08.07.2024 only in respect of three female students after payment of fine and the defacto complainant along with his two male classmates were dismissed from the College. Hence complaint lodged. The defacto complainant's complaint is that since he belongs to Scheduled Caste community, he was called by his caste name, humiliated and he was also treated in an indiscriminatory manner.

4.The learned counsel for the appellant submitted that in this case, complaint came to be registered on 16.08.2024 i.e., four months after the alleged occurrence and no proper explanation given for the delay. In fact, on the complaint of the appellant, Internal Enquiry Committee formed with seven members, of which on of them was an external member, the others are Professor, Assistant Professor, Associate Professor, Student Affai