Sanjaikumar @ Sanjai @ Vellasanjai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sanjaikumar @ Sanjai @ Vellasanjai ... Appellant Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Oomatchikulam Sub Division, Madurai District.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

(Crime No.389 of 2024) 3.T.Sundhar ... Respondents PRAYER: Appeal filed under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the entire records connected to the order, dated 24.02.2025 in Crl.M.P.No.7 of 2025, on the file of the learned III Additional District and Sessions Court (PCR), Madurai and set aside the same by allowing the criminal appeal and consequently enlarge the 1/8

appellant on bail, in connection with the case in Crime No.389 of 2024, on the file of the second respondent police. For Appellant : Mr.S.Rajasekaran For R1 & R2 : Mr.A.S.Abdul Kalam Azad Government Advocate For R3 : Mr.Banuprasath

J U D G M E N T

This Criminal Appeal is filed as against the order of the learned Judge, III Additional District and Sessions Court (PCR), Madurai, in Crl.M.P.No.7 of 2025 in Spl.S.C.No.119 of 2024, dated 24.02.2025, denying bail to this appellant.

2.The appellant has been arrayed as accused in Crime No.389 of 2024, on the file of the second respondent police, for the offence under Sections 296(b), 351(3), 109, 118(2) of BNSS & Section 3 of TNPPDL Act r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. He was arrested and remanded to judicial custody on 22.11.2024 and since then he is languishing in jail.

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3.The learned counsel appearing for the appellant submits that the appellant has not committed any offence as alleged by the prosecution. However, the trial Court has rejected the bail application on the objections raised by the Special Public Prosecutor. He also submits that the investigation in Crime No.389 of 2024 has already been completed by the respondent police and a final report has been filed before the trial Court, which has also been taken on file in Spl.SC No.119 of 2024. Therefore, the learned counsel requests to release the appellant on bail that he will abide by any conditions to be imposed by this Court.

4.The learned counsel appearing for the third respondent submits that the appellant has assaulted the defacto complainant brutally and on account of that, he has suffered grievous injuries, for which, he took treatment for 15 days as inpatient. 5.The learned Government Advocate has raised serious objections that this appellant is a habitual offender, having several 3/8

criminal cases to his credit. He has also furnished the details about the criminal cases which are pending as against this appellant. Sl.No Name of the Police Station Crime Nos.

offences 1 Alanganallur 213/2023 34, 392 IPC 2 Othakadai 297/2022 394 IPC 147,148,149,302,342,427 IPC and Section 3 of TNPPDL Act, Section 3(2) (va) of SC/ST(POA) Act.

3 Othakadai 590/2021 4 Othakadai 520/2021 294(b), 323, 341, 427, 506(i) IPC 5 Othakadai 88/2023 294(b), 323, 324, 506(ii) IPC 6 Othakadai 318/2023 379 IPC 7 Othakadai 351/2023 379 IPC 8 Othakadai 471/2023 392 IPC 9 Othakadai 362/2024 392, 397 IPC 10 Othakadai 364/2024 296(b), 115(2), 118(1), 351(3) of BNS 296(b), 118(1), 351(3) BNS & 3 of TNPPDL Act and Section 4 of TNPHW Act r/w 3(1) ®, 3(1)(s), 3(2)(va) of SC/ST (POA) Act.

11 Othakadai 389/2024 12 Thirupuvanam 270/2023 392, 506(ii) and 34 IPC The learned Government Advocate further submits that the appellant is a history sheeted rowdy in HS No.441/2024, on the file of Othakadai 4/8

police station. If he is released on bail, there may be chances for absconding and trial would be delayed and also he may involve in further offence.

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

7.The appellant is an accused in Crime No.389 of 2024, on the file of the second respondent police, for the offence under Sections 296(b), 351(3), 109, 118(2) of BNSS & Section 3 of TNPPDL Act r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. It is reported that he was arrested and remanded to judicial custody on 22.11.2024 and since then he is languishing in jail. On the side of the appellant, it is claimed that the final report has been filed before the trial Court and the same was taken on file in Spl.SC No.119 of 2024. The third respondent claims that the injury caused by this appellant is grievous in nature and he was hospitalized for 15 days for taking treatment. The objections of the Public Prosecutor that if the appellant is released on bail, he may 5/8

indulge in further offences and there is possibility of absconding, cannot be ruled out. This Court has to consider the antecedents of this appellant that he has involved in twelve criminal cases as stated supra. 8.In view of the above, this Court is not inclined to entertain this Criminal Appeal. At this juncture, the learned counsel for the appellant seeks permission of this Court to withdraw this Criminal Appeal. Since this Court has already taken a decision to dismiss this Criminal Appeal on the objections of the learned Government Advocate, this Court does not permit the learned counsel to withdraw this Criminal Appeal and this Criminal Appeal is dismissed. 19.03.2025 Index : Yes/No Internet : Yes/No vrn 6/8

To 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Oomatchikulam Sub Division, Madurai District.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

(Crime No.389 of 2024) 7/8

B.PUGALENDHI, J., vrn Judgment made in 19.03.2025 8/8