Shankar v. State Rep By

Crl.O.P.No.5844 of 2024 C.V.KARTHIKEYAN.J., The petitioner/A1 in Crime No.74 of 2024, registered for the offences under Sections 294(b), 323, 448, 506(ii) of IPC r/w Section 4 of TNPHW Act and remanded to judicial custody on 09.02.2024, seeks bail. 2.The learned counsel for the petitioner pointed out the nature of allegations made in the complaint and found fault with the respondent that they had taken on record the complaint itself though the nature of allegations are very vague.

3.The intervenor had also entered appearance and had also filed an application seeking permission to intervene, wherein it had been stated that the petitioner, had threatened to kill her and her family and also assaulted her and molested and also abused in filthy language. 4.The learned Government Advocate (Crl. Side) for the respondent stated that the victim, belongs to SC/ST community and therefore, since the investigation is at an extremely nascent and preliminary stage, there is every 1/3

possibility for the offences being altered to also including provisions under SC/ST (POA) Act, 1989.

5.In view of that particular fact since investigation has not yet been completed and more particularly, is also focussed on whether the assault and molestation and abuse of the defacto complainant was with the knowledge that she belonged to SC/ST community, at this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

18.03.2024 ata 2/3

C.V.KARTHIKEYAN.J., ata Crl.O.P.No.5844 of 2024 and Crl.M.P.No.4633 of 2024 18.03.2024 3/3