Selvi v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.A(MD)No.25 of 2019 Selvi : Appellant/Petitioner/A16 Vs.

1.State rep.by Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Pazhayanoor Police Station, Sivagangai District.

(Crime No.32/2018) : R1 & R2/Complainants 3.Maheswaran : 3rd Respondent/De-facto complainant 4.Malaisamy 5.Dhanasekaran 6.Sugumaran 7.Deivendran : R4 to R7/Victims Prayer: Criminal Appeal has been filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016 against the order, dated 24.12.2018 passed in Crl.M.P.No.4596 of 2018 on the file of the Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the appellant an bail in connection with Crime No.32 of 2018 on the file of the respondent Police by allowing this Criminal Appeal.

For Appellant : Mr.G.Karuppasamy Pandian For R1 and R2 : Mr.A.Robinson Government Advocate (Criminal side) For 3rd Respondent : Mr.G.Bhagavath Singh For R4 to R7 : No appearance

JUDGMENT

This Criminal Appeal has been filed against the order, dated 24.12.2018 passed in Crl.M.P.No.4596 of 2018 on the file of the Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989, Sivagangai.

2.The Appellant/A16, who was arrested and remanded to judicial custody on 06.06.2018 in connection with a case in Crime No.32 of 2018 for the alleged offences under Sections 147, 149, 294 (b), 324, 307 and 302 IPC and Section 3 of TNPPDL Act and Section 3 (1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act 2015, seeks appeal bail.

3.The learned counsel appearing for the appellant submitted that the appellant is an innocent lady and she has been falsely implicated in this case in respect of temple dispute and she has nothing to do with the alleged occurrence and that the appellant is in jail for more than 180 days.

4.The learned Government Advocate (Criminal side) appearing for the respondents 1 and 2 submitted that the earlier bail applications filed by the appellant were dismissed and in this case, three persons belong to Schedule community were brutally murdered and five persons were severely injured and houses of the schedule caste people were damaged and there is also life threat for victims and witnesses 5.Heard the learned counsel appearing on either side and perused the materials available on record.

6.It seen from the records that the petitioner along with the other accused brutally murdered three persons belonging to schedule community and five persons were severely injured and houses of the scheduled caste people were damaged and because of the brutal attack against the scheduled community people, police personnels were deployed in and around the crime spot to prevent untoward incidents. It is also seen that after the occurrence, one of the victim filed a petition seeking police protection and on the very next day of filing the police protection petition, the victim was murdered. Further, SLP is pending before the Hon'ble Apex Court. 7.In view of the above circumstances, this court is of the considered view that if the appellant is released on bail, certainly, his presence will cause apprehension in the minds of the victim as well as the witnesses.

8.Accordingly, this criminal appeal stands dismissed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) er To 1.The Special Judge, Special Court for Exclusive Trial of cases under SC/ST (POA), Act 1989, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Pazhayanoor Police Station, Sivagangai.

4.The Central Prison for Women, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.KARUPPASAMY PANDIAN, Advocate SR-60874. +1 CC to M/s.G.BHAGAVATH SINGH, Advocate SR-61361. Crl.A(MD)No.25 of 2019 12.04.2019 CS: (03/06/2019) 3P 8C