Veeramani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Veeramani ... Appellant Vs.

1.The State rep. By The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Mayiladuthurai, Mayiladuturai District.

2.The Inspector of Police, Sembanorkoil Police Station, Mayiladuthurai District.

[Crime No.76/2023] 3.Kalaiselvi ... Respondents Prayer: Criminal Appeal filed under Section 14A(2) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 2015 to call for the records pertaining to Order in Crl.M.P.No.1264 of 2023 dated 27.03.2023 passed by the learned Principal District and Sessions Judge/Special Court for SC/ST Act, Nagapattinam and set aside the same and consequently allowing Page No.1 of 6

this appeal and enlarge the appellant/accused on bail in connection with Crime No.76 of 2023 on the file of the Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai District.

For Appellant :

No appearance For R1 & R2 :

Mr.R.Vinothraja Government Advocate (Crl Side) For R3 :

No appearance

JUDGMENT

The appellant/accused in Crime No.76 of 2023 filed a bail application before the Lower Court in Crl.M.P.No.1264 of 2023 and the same was dismissed by order dated 27.03.2023. Against which, the present appeal is filed.

2.The contention of the appellant/accused is that the petitioner is an innocent person, falsely implicated in this case as though while scolding the labours, he used their caste name and abused them. The appellant engaged the third respondent for the brick cutting work and in the course of employment, he had given some directions which was hard to comply and Page No.2 of 6

she was unable to complete the work, for which, a false complaint was lodged. The appellant earlier approached this Court in Crl.O.P.No.5267 of 2023 and this Court by order dated 08.03.2023 directed the appellant to surrender and move a bail application on the same day. The appellant filed a bail application in Crl.M.P.No.1264 of 2023 before the Lower Court and the defacto complainant filed a intervening petition in Crl.M.P.No.1265 of 2023. After filing of the bail application, the appellant not appeared before the Lower Court and hence, the bail application was dismissed. Hence, the above appeal.

3.The learned Government Advocate (Crl. Side) submitted that the appellant after dismissal of the earlier bail application in Crl.M.P.NO.1264 of 2023 again approached the Lower Court seeking bail in Crl.M.P.NO.2924 of 2023 and the Lower Court by order dated 19.09.2023 dismissed the bail application. Thereafter, the appellant preferred an appeal before this Court in Crl.A.No.1097 of 2023 and this Court by judgment dated 18.10.2023 granted bail to the appellant. Hence, the appeal become infructuous.

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4.Recording the submissions made by the learned Government Advocate (Crl. Side), nothing survives in this appeal. Accordingly, the criminal appeal is dismissed as infructuous.

08.08.2024 Index : Yes/No Speaking Order/Non Speaking Order cse Page No.4 of 6

To 1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Mayiladuthurai, Mayiladuturai District.

2.The Inspector of Police, Sembanorkoil Police Station, Mayiladuthurai District.

3.The Principal District and Sessions Judge/ Special Court for SC/ST Act, Nagapattinam.

4.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

cse 08.08.2024 Page No.6 of 6