Kumaran v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kumaran ... Appellant Vs
1. The Deputy Suprintendent of Police, Office of the Superintendent of Police, Ranipet District.
2. The State Rep by The Inspector of Police, Walajapet Police Station, Ranipet District.
3. Manjula
4. Gopinath ... Respondent Prayer: Criminal Appeal filed under Section 14(a)(2) of Schedule Caste and Schedue Tribes Act 1989 to set aside the order passed by the Learned Special Court of Schedules Caste and Scheduled Tribe (Prevention of Atrocities) Act, Vellore in Crl.M.P.No.1258 of 2024 dated 29.11.2024 in Spl.S.C.No.12/2023 and enlarge the appellant/Accused on Bail.
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For Appellant : Mr.B.Balavijayan For R-1, R-2 & R-3 : Mr.S.Raja Kumar Additional Public Prosecutor For R-4 : Mr.G.Nirmal Krishnan *****
JUDGMENT
This Criminal Appeal has been preferred as against the judgment dated 29.11.2024 passed in Crl.M.P.No.1258 of 2024 dated 29.11.2024 in Spl.S.C.No.12/2023 on the file of the Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore, Vellore District.
2. The case of the prosecution is that the appellant had taken up the deceased in his two wheeler on 22.12.2022 at about 10.45 am to a forest area thereafter he committed rape on her and murdered her. On the complaint, an FIR has been registered and filed a final report for the offences punishable under section 302, 201, 376 & 379 of IPC and Section 3(2)(v) of SC & ST (POA) Act. It has been taken cognizance by the trial court in Spl.S.C.No.12/2023. The appellant was arrested and demanded to Judicial custody on 10.11.2022.
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3. The counsel for the appellant would submit that it is a case of circumstantial evidence. The prosecution filed a final report based on the last seen theory. Though the prosecution relied upon the CCTV footage, but it is not clear to identify the appellant in that two wheeler. As per the postmortem report there is no incriminating material to show that the victim was raped and murdered. Therefore, he sought for bail.
4. Heard the learned counsel appearing for the appellant, the learned Additional Public Prosecutor appearing for the respondent police and perused the materials available on record.
5. Admittedly, appellant had illicit relationship with the deceased. Subsequently, the victim did not agree for the same and as such she was taken to forest by the petitioner and thereafter, he committed rape and murdered. That apart, appellant also taken jewels from the deceased. On the basis of his own confession, there was a recovery of jewels. Therefore, the appellant had committed very serious offence as against the women as such, the trial court rightly dismissed the Page No.3 of 6
petition for bail. Further, on perusal of the records, it is seen that the case in Spl.S.C.No.12 of 2023 is now pending for trial.
6. In view of the above, this Court finds no infirmity or illegality in the order passed by the learned Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore, Vellore District dated 29.11.2024 in Crl.M.P.No.1258 of 2024 in Spl.S.C.No.12/2023.
7. In the result, the Criminal Appeal is dismissed. The trial court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.
03.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs Page No.4 of 6
To
1. The Special Court of Schedules Caste and Scheduled Tribe (Prevention of Atrocities) Act, Vellore.
2. The Deputy Superintendent of Police, Office of the Superintendent of Police, Ranipet District.
3. The Inspector of Police, Walajapet Police Station, Ranipet District.
4.The Public Prosecutor, High Court of Madras, Chennai.
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G.K.ILANTHIRAIYAN, J.
Nhs 03.07.2025 Page No.6 of 6