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Madras High CourtCRL A/862/2023dismissed as infructuous

K.Subramani v. State Rep By

2024-08-08Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Subramani ... Appellant Vs.

1.State by The Deputy Superintendent of Police, Tiruvannamalai District.

2.The Inspector of Police, Vanapuram Police Station, Tiruvannamalai District.

(Crime No.227/2022).

3.V.Meenatchi ... Respondents PRAYER: Criminal Appeal filed under Section 14(a) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to call for the records of the lower Court and set aside the order passed by the learned Sessions Judge, Special Court for trial of cases under SC/ST Act (POA) Tiruvannamalai in Crl.M.P.No.974/2023 on 21.07.2023 and to enlarge the Appellant/petition on bail in connected with the Crime No.227/2022 pending investigation on the file of the 2nd respondent-Police. Page No.1 of 4

For Appellant :

No Appearance For R1 & R2 :

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

No Appearance

JUDGMENT

The appellant has filed bail application in Crl.M.P.No.974 of 2023 before the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Tiruvannamalai in Crime No.227 of 2022 for offence under Sections 302 IPC @ 120(b), 302, 201 IPC r/w 34 IPC @ 120(b), 302, 201 IPC r/w 34 IPC and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the same was dismissed vide impugned order, dated 21.07.2023. Against which, the present criminal appeal is filed.

2.When the matter was taken up for hearing, no representation for the appellant and the 3rd respondent.

Page No.2 of 4

3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the appellant is A1 and the deceased is a suspended employee of the Primary Agricultural Cooperative Society. Both of them had dispute with regard to sanction of jewel loan and also transaction in Magalir Suya Udhavi Kuzhu. Initially, a case under Section 174 Cr.P.C registered on 16.10.2022 on the complaint given by the 3rd respondent wife of the deceased stating that on 15.10.2022 her husband/deceased left home in his two wheeler but not returned back. When she called her husband in his mobile phone, one Ramakrishnan who is the owner of adjacent field of her husband informed that her husband is not there but mobile phone is available near the motor shed. Thereafter, the deceased was searched in many places but not found.

Later during investigation, the appellant arrested. He further submitted that now the appellant granted bail by the Special Judge, Special Court for trial of cases under SC/ST (POA) Act, Tiruvannamalai in C.M.P.No.1391 of 2023 on 03.10.2023. Hence, the prayer sought for by the petitioner becomes infructuous.

Page No.3 of 4

M.NIRMAL KUMAR, J.

vv2 4.Recording the submissions made by the learned Additional Public Prosecutor, this criminal appeal stands dismissed as infructuous. 08.08.2024 Index : Yes/No Speaking Order/Non Speaking Order vv2 To 1.The Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Tiruvannamalai.

2.The Deputy Superintendent of Police, Tiruvannamalai District.

3.The Inspector of Police, Vanapuram Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

Page No.4 of 4