Ranjithkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ranjithkumar ... Appellant Vs 1.State Rep by The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

2.The Sub Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.52 of 2025) 3.Akash ... Respondents PRAYER: Appeal filed under Section 378 of the Criminal Procedure Code, to call for the records pertaining to the order passed in Crl.M.P.No.27 of 2025 in Crime No.52 of 2025, on the file of the Special Court for trial of cases under SC/ST (POA) Act, Thoothukudi, dated 13.02.2025.

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For Appellant : Mr.M.Prabu For R1 & R2 : Mr.A.S.Abdul Kalam Azad Government Advocate For R3 : No appearance

J U D G M E N T

This Criminal Appeal is filed challenging the order passed by the learned learned Special Judge (FAC), Special Court for trial of Cases under SC/ST (POA) Act, in Cr.MP(MD) No.27 of 2025, dated 13.02.2025, denying bail to this appellant.

2.The learned counsel appearing for the appellant /accused submits that there is no specific overt act as against this appellant. Due to motive between the appellant and the defacto complainant, the case has been registered as against him for the offence under Sections 296(b), 115(2), 351(3) of BNS r/w 3(5) BNSS and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989. Therefore, the order passed by the trial Court is liable to be set aside. 2/5

3.The learned Government Advocate appearing for the respondents 1 & 2 has raised strong objections that this appellant is a notorious criminal involved in several criminal cases and if he come out on bail, he may involve in further offence. The learned Government Advocate has also produced the details of the previous cases registered as against this appellant, which are as under:- Sl.No.

Crime Numbers Nature of Offences 1.

75 of TNCP Act 2.

147, 148, 294(b), 302, 307, 324, 506(ii) IPC @ 120B, 147, 148, 149, 294(b), 302, 307, 326, 34, 341, 506(ii) IPC 3.

294(b), 506(ii) IPC @ 294(b), 307, 506(ii) IPC 4.

25(1A) of Arms At 20(b) (ii)(B), 25, 29(1) 8(c) of NDPS Act 5.

20(b) (ii)(B), 25, 29(1), 8(c) of NDPS Act 6.

294b, 353, 506(ii) IPC r/w 20(b)(ii)(A), 8(c) of NDPS Act 7.

153A(1)(b), 504 IPC 8.

170(1) of BNSS 9.

147, 148, 294(b), 323, 427, 506(ii)IPC 10.

397 IPC and 25(1A) of Arms Act 11.

294(b) 352, 506(ii) IPC 3/5

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.Though the offences are minor in nature, the trial Court has found that this appellant has involved in several criminal cases and therefore, considering the antecedents, the trial Court has dismissed the application filed by this appellant for bail. In view of the above and considering the submission of the learned Government Advocate that if the petitioner is released on bail, he may involve in further offences, this Court is not inclined to entertain this Criminal Appeal. 6.Accordingly, this Criminal Appeal is dismissed. 07.03.2025 Index : Yes/No Internet : Yes/No vrn Note: Issue order copy on 12.03.2025.

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B.PUGALENDHI, J., vrn Judgment made in 07.03.2025 5/5