Ambed @ Ambedkar v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Ambed @ Ambedkar ... Appellant Vs.

1.The Deputy Superintendent of Police, O/o.Deputy Superintendent, Thiruvallur, 2.State rep. by The Inspector of Police, Kattur Police Station, (Crime No.125 of 2022) 3.Manikandan ... Respondents Prayer:

Appeal filed under Section 14(A)(2) of SC/ST Act, 1989 seeking to set aside the order passed by the learned Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvallur, Thiruvallur District in Crl.M.P.No.2857 of 2024 dated 30.05.2024 and enlarge the appellant on bail in connection with the Crime No.125 of 2022 pending on the file of Respondent Police.

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For Appellant : Mr.V.Dinesh Kumar For Respondents : Mrs.G.V.Kasthuri for R1 and R2 Additional Public Prosecutor R3 - Party - in - Person

J U D G M E N T

The criminal appeal has been filed seeking to set aside the order dated 30.05.2024 made in Crl.M.P.No.2857 of 2024 on the file of the learned Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvallur, 2.The learned counsel appearing for the appellant submitted that the appellant was implicated for the offence under Sections 120 B, 147, 148, 149, 302, 341, 450 of IPC r/w. 3(2)(v)(va) of Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and is in prison from 29.02.2024 and he filed petition seeking bail in Crl.M.P.No.2857 of 2024 before the learned Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvallur, Thiruvallur District and the said 2/5

petition was dismissed on 30.05.2024. Hence, the appellant has filed this appeal.

3.The learned counsel appearing for the appellant further submitted that the appellant is arrayed as A14 and further submitted that at the time of occurrence, the appellant was not available at the scene of occurrence and further submitted that the appellant is undergoing incarceration for more than four months and prayed for grant of bail to the appellant.

4.The learned Additional Public Prosecutor vehemently opposed for grant of bail to the appellant and submitted that the appellant is a notorious criminal and further submitted that apart from this case, there are 28 previous cases pending against the appellant. 5.Heard the learned counsel appearing for the appellant, the learned Additional Public Prosecutor as well as the third respondent appearing as party in person.

6.Considering the fact that there are 28 previous cases pending against the appellant, this Court is not inclined to grant bail to the 3/5

appellant since granting bail to the appellant would affect the safety of the general public.

7.The criminal appeal is dismissed. The order dated 30.05.2024 made in Crl.M.P.No.2857 of 2024 by learned Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvallur, Thiruvallur District, is confirmed.

20.06.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvallur, Thiruvallur District. 2.The Deputy Superintendent of Police, O/o.Deputy Superintendent, Thiruvallur, 3.The Inspector of Police, Kattur Police Station, 4/5

(Crime No.125 of 2022) M.DHANDAPANI,J.

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