IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Crl.A.No.105 of 2021

D.Seetharaman

... Appellant/Accused No.1

Versus

1.State

Represented by

Deputy Superintendent of Police,

Gingee Sub Division,

Gingee, Villupuram District.

Pin : 604 202.

2.State

Represented by

Inspector of Police,

Kedar Police Station,

Villupuram District.

3.Arutselvan

... Respondents/Complainant/Defacto Complainant

PRAYER: Criminal Appeal filed under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities

Act), 1989, to set aside the order dated 26.02.2021 passed in

Crl.M.P.no.471 of 2021 by the learned Sessions Judge, Special

Court for Exclusive of Trial of Cases Registered under the SC/ST

(POA) Amendment, 2015, Villupuram and enlarge the appellant on

bail in Crime No.1390 of 2020, pending investigation on the file

of the respondent Police.

For Appellant

: Mr.B.Udaya Kumar

For R1 & R2

: Mr.T.P.Savitha,

Government Advocate [Crl. Side]

For R3

: No Appearance

JUDGMENT

The respondent Police registered a case against the

appellant in Crime No.1390 of 2020, for offence under Sections

447 of IPC r/w 3(i)(g) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities Act), Amendment Act, 1989.

During the pendency of investigation, the appellant moved the

https://hcservices.ecourts.gov.in/hcservices/

Sessions Judge, Special Court for Exclusive Trial of Cases

Registered Under the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities Act), 1989, Villupuram for granting

bail in Crl.M.P.No.471 of 2021 in Crime No.1390 of 2020. The

learned Sessions Judge, by order, dated 26.02.2021, dismissed

the bail application filed by the appellant. Challenging the

said order, the appellant has filed the present appeal before

this Court.

2.The learned counsel for the appellant would submit that a

false case has been foisted against the appellant when the civil

suit is pending between the appellant and the defacto

complainant/3^rd respondent herein. The 3^rd respondent by giving a

criminal colour to the civil dispute had given a false complaint

against the appellant. The learned Sessions Judge failed to

consider the same and dismissed the bail application filed by

the appellant. Therefore, he has filed the present appeal for

granting bail. The learned counsel for the appellant would

further submit that there are two accused in this case, in which

the appellant is the 1^st accused. Earlier, he has filed a

petition under Section 482 Cr.P.C., before this Court in

Crl.O.P.No.2655 of 2020 and this Court, by order, dated

15.02.2021, directed him to surrender before the trial Court.

As per the direction of this Court, the appellant surrendered

before the trial Court and filed the bail application and the

trial Court, by order, dated 26.02.2021 in Crl.M.P.No.471 of

2021 dismissed the same. It is further submitted that between

the parties, a civil suit in O.S.No.200 of 2020 is pending

before the learned District Munsif Cum Judicial Magistrate,

Vikravandi, regarding granting panchama land and the Writ

Petition in W.P.No.774 of 2018 is also pending. In order to get

over from the civil suit, he has foisted the false case against

the appellant and therefore, the appellant may be enlarged on

bail.

3.The 3^rd respondent appeared in person and vehemently

contended that the disputed property is a panchama land which

cannot be disbursed to other than the people belong to Scheduled

Castes and Scheduled Tribes. The appellant created false

document and tried to dispossess the 3^rd respondent from the

panchama land which is against law. Despite pendency of the

civil suit and the writ petition, the appellant is trying to

forcefully dispossess the 3^rd respondent fully knowing that he

belongs to the Sched