Advocates:
['M/s Saravanan P', '', 'Proof of service filed', '', 'Balaji S', 'Kesavan A', 'Public Prosecutor', 'R', '', 'COURT NOTICE TO SERVED-R', '', 'Vak filed', 'Juliet Latha N', 'M/s Narayanan R']

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 29/11/2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

Crl.A(MD)No.782 of 2022

1.Sathees Kumar

2.Subramanian : Appellants/Petitioner/

A1 and A2

Vs.

1.The State represented by

The Deputy Superintendent of Police,

Nilakottai Sub Division,

Dindigul District.

2.The Inspector of Police,

Batlagundu Police Station,

Dindigul District.

(Crime No.382 of 2022) : R1 and R2/Complainants

3.Vellaisamy : R3/R3/De-facto Complainant

Prayer: Criminal Appeal is filed under section 14-

A(2) of SC/ST Act, to call for the entire records

pertaining to the order passed by the Special Judge for

Exclusive trial cases under ST/ST (POA) Act, Dindigul, in

Cr.M.P No.1582 of 2022, dated 18/10/2022 and set aside

the same and consequently, enlarge the appellants on bail

in connection with the case in Crime No.382 of 2022 on

the file of the Inspector of Police, Batlagundu Police

Station, Dindigul District and pass such any or other

orders.

For Appellant : Mr.P.Saravanan

For R1 and R2 : Mr.SS.Madhavan

Government Advocate

(Crimnal side)

For 3^rd Respondent : Mrs.N.Juliet Latha

https://www.mhc.tn.gov.in/judis

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J U D G M E N T

This Criminal Appeal has been filed seeking to set

aside the order, dated 18/10/2022 made in Cr.M.P No.1582

of 2022 on the file of the Special Judge for Exclusive

Trial cases under SC/ST (POA) Act cases, Dindigul and

enlarge the appellants on bail.

2.The case of the prosecution in brief:-

On 08/10/2022, the de-facto complainant went to

Sendraya Perumal Temple along with his family members

leaving his elder daughter by name Prabha in his house.

At about 2.30 pm, when he returned to his house, his

daughter Prabha committed suicide by hanging in the

ceiling fan with her saree. On the basis of the complaint

given by the de-facto complainant, a case in Crime in

Crime No.382 of 2022 was registered for the offence under

section 174 Cr.P.C @ 294(b), 306 IPC and section 3(2)(va)

of SC/ST(POA) Act, 2015 against the accused persons.

3.Now the first appellant was arrested on

10/10/2022 and the second appellant was arrested on

11/10/2022 and remanded to judicial custody and ever-

since, they are in custody. Seeking bail, they moved

https://www.mhc.tn.gov.in/judis

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Crl.MP(MD)No.1582 of 2022 before the Special Court and

that came to be dismissed, on 18/10/2022 considering the

gravity of the offence. Challenging the above said

dismissal order, this criminal appeal has been preferred.

4.Heard both sides.

5.The date of occurrence is stated to be on

26/09/2022. No doubt that there was some serious

allegation against the appellants to the effect that they

created circumstances, which drove the deceased to commit

suicide.

6.Even though, it has been contended on behalf of

the appellants that A2 was a salesman in a fair-price

shop at the time of the above said occurrence, on the

particular day and time, he was not available in the

place of occurrence and he was attending the duty in the

fair-price shop. So according to him, A2 namely the

second appellant has been wrongly roped in this case.

https://www.mhc.tn.gov.in/judis

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7.So far as A1 namely the 1^st appellant is

concerned, it has been stated that on 26/09/2002, the

earlier complaint was given and during the course of the

above said enquiry, the first appellant appeared before

the Enquiry Officer and submitted that he never loved the

deceased. The CSR number is 804 of 2022. The above said

complaint was closed on the ground that there was

compromise between the parties. The date of closure of

the complainant is 26/09/2022 and the present occurrence

stated to