Anthony Akash v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.02.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- Anthony Akash, S/o Simeon .. Appellant Vs.

1. The Deputy Commissioner of Police Office of the Deputy Commissioner of Police, Virudhachalam Range, Cuddalore District.

2. Stat rep. by The Inspector of Police, Virudhachalam Police Station, Cuddalore District. (Cr.No.265 of 2024)

3. Jaya, S/o Subramaniyan .. Respondents Criminal Appeal filed under Section 14.A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order dated 19.12.2024 made in Crl.M.P.No.2058 of 2024 on the file of the Special Court for Trial of Cases under the said Act and to enlarge the appellant on bail in Crime No.265 of 2024.

For appellant : Mr.M.Vignesh For respondents: M/s.G.V.Kasthuri, Addl.P.P. for R R-1 and 2 Mr.N.Ramu for R-3 1 / 5

JUDGMENT

The appellant/accused has filed this appeal seeking for grant of bail to him.

2. Crl.M.P.No.2058 of 2024 was filed before the trial Court seeking to release him on bail under Section 483 of the Bharatiya Nagarik Suraksha Sahbita, 2023 (i.e. BNSS). This petition was dismissed by the impugned order, dated 19.12.2024 by the trial Court, which is under challenge in this appeal filed by the appellant/accused.

3. Learned counsel for the appellant submitted that the appellant (accused) is ready to marry the victim girl and when the appeal was taken up for hearing yesterday (13.02.2025), this Court directed the victim girl to appear before this Court today (14.02.2025).

4. Accordingly, today, the victim girl appeared before this Court along with her mother. They have merely stated that soon after knowing the occurrence, the parents of the girl went to the appellant's house and she was refused to give in marriage with him. The village people and elders have advised that they will not accept to give her in marriage with the appellant/accused, as the victim girl 2 / 5

belongs to a Scheduled Caste community. They have also made a complaint to the Police, and the Police has not taken any action against the appellant/accused.

5. Only much after protest and agitation, a case was registered against the appellant/accused and he was also secured in custody. Therefore, if the appellant/accused is released on bail, there is every likelihood / possibility of the appellant/accused to tamper with the witnesses and hamper the investigation, as there is an apprehension that there would be a threat to the victim girl.

6. Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the appellant/accused and even not to suspend the sentence imposed on him by the trial Court.

7. Hence, this appeal is dismissed. The trial Court is directed to expedite the trial and dispose of the main case itself as expeditiously as possible without any delay.

14.02.2025 cs 3 / 5

To

1. The Deputy Commissioner of Police Office of the Deputy Commissioner of Police, Virudhachalam Range, Cuddalore District.

2. Stat rep. by The Inspector of Police, Virudhachalam Police Station, Cuddalore District. (Cr.No.265 of 2024)

3. The Public Prosecutor, High Court, Madras. 4 / 5

P.VELMURUGAN, J cs 14.02.2025 5 / 5