CRL.A.(MD).No.19 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

CRL.A.(MD).No.19 of 2022

Jeevanantham

... Appellant/Petitioner/

Accused No.2

Vs.

State Represented by

1.The Deputy Superintendent of Police,

Paramakudi Sub Division,

Ramanathapuram District.

2.The Inspector of Police,

Nainarkoil Police Station,

Ramanathapuram District.

(Crime No.303 of 2021).

... Respondents 1 & 2/

Respondent/Complainant

3.Poongodi

... 3^rd Respondent/Respondent/

Defacto complainant

PRAYER : Criminal Original Petition filed under Section 14-A (2) of

SC/ST (POA) Amendment Act, 2015, praying to set aside the order

dated 11.01.2022 made in Crl.M.P.No.02 of 2022 on the file of the

learned District and Sessions Judge, Special Court for Trail of

cases registered under SC/ST (POA), Act-1989 Ramanathapuram,

Ramanathapuram District and enlarge the appellant on bail.

For Appellant

: Mr.S.Sathya Chidambaram

For RR 1 & 2

: Mr.K.Sanjai Gandhi

Government Advocate (Crl. Side)

For R – 3

: Mr.D.Balamuruga Pandi

ORDER

This Criminal Appeal has been preferred to set aside the

order passed by the learned District and Sessions Judge, Special

Court for Trail of cases registered under SC/ST (POA), Act-1989

Ramanathapuram, Ramanathapuram District, in Crl.M.P.No.02 of 2022,

dated 11.01.2022 and enlarge the appellant on bail.

2.The case of the prosecution is that the appellant due to

personal motive attacked the deceased with wooden log, in which, he

died and the deceased belonged to Scheduled caste community. The

deceased dead body was found as suspicion death at Kodikulam

Village. Hence, the second respondent registered the case under

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CRL.A.(MD).No.19 of 2022

Section 174(1) of Cr.P.C. After investigation, the case was altered

under Section 302 of I.P.C r/w 3(2)(v) of Scheduled Caste and

Scheduled Tribes (POA) Amendment Act, 2015 in Crime No.303 of 2021.

Hence, the appellant has filed a bail application in Crl.M.P.No.02

of 2022 before the trial Court and the same was dismissed on

11.01.2022. Aggrieved over the same, the appellant has filed the

present Appeal.

3.Heard the learned counsel appearing for the appellant and the

learned Government Advocate (Criminal Side) appearing for the

respondents 1 and 2 and perused the materials available on record.

4.On a perusal of the records revealed that though the

appellant belonged to Scheduled Caste and Scheduled Tribe community

and the Scheduled Caste and Scheduled Tribe (POA) Amendment Act,

2015, would not attract, the appellant is a habitual offender and

committed murder. Further, the appellant was arrested only on

05.12.2021 and the investigation is still pending. If the appellant

is released on bail, there is an ample chance of tampering the

prosecution evidence and hampering the witnesses. Therefore, the

Court below rightly dismissed the appeal.

5.In view of the above, this Court finds no infirmity or

illegality in the order passed in Crl.M.P.No.02 of 2022, dated

11.01.2022 by the learned District and Sessions Judge, Special Court

for Trail of cases registered under SC/ST (POA), Act-1989

Ramanathapuram, Ramanathapuram District. sAccordingly, this Criminal

Appeal is dismissed.

Sd/-

Assistant Registrar (AE)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

ps

Note :

In view of the present lock down

owing to COVID-19 pandemic, a web

copy of the order may be utilized

for official purposes, but, ensuring

that the copy of the order that is

presented is the correct copy, shall

be the responsibility of the

advocate / litigant concerned.

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CRL.A.(MD).No.19 of 2022

To

1.The District and Sessions Judge,

Special Court for Trail of case