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Madras High CourtCRL A(MD)/239/2023disposed of

Prabhu @ Prabakaran v. The Deputy Superintendent Of Police

2023-04-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.04.2023

CORAM

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Prabhu @ Prabakaran ... Appellant/Petitioner Vs.

1.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

(Devathanapatti PS.

Crime No.391 of 2016) ... 1st Respondent/Complainant 2.Muthupandi ... 2nd Respondent/Defacto Complainant Prayer : This Criminal Appeal is filed under Section 14(A)(2) of Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the order of the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Theni in Crl.M.P.No.250 of 2023 dated 20.02.2023 and enlarge the appellant on bail in Crime No.391 of 2016 on the file of the first respondent.

For Appellant : Mr.S.Muthukumar For R1 : Mr.A.Albert James Government Advocate (Crl. Side) For R2 : M/s.S.Prabha Legal Aid Counsel 1 / 4

JUDGMENT

This Criminal Appeal is directed against the order passed in Crl.M.P.No.250 of 2023 in Spl.S.C.No.47 of 2020 dated 20.02.2023 by the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni.

2. The case of the prosecution is that on 23.07.2016, there was a wordy quarrel between the appellant and the second respondent/defacto complainant regarding pick up the passenger in the auto, due to which, the appellant had attacked the second respondent by using iron lever and on that basis, FIR came to be registered against the appellant herein in Crime No.391 of 2016 for the offences under Sections 294(b) and 324 IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014.

3. The respondent police, after completing the investigation, has filed the final report and the same was taken on file in Spl.S.C.No.47 of 2020.

4. The learned counsel appearing for the appellant would submit that that the appellant is an innocent and he has been falsely implicated in the 2 / 4

above case. He would further submit that the appellant is in judicial custody from 19.12.2022.

5. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent as well as the learned counsel appearing for the second respondent would submit that the prosecution has already examined the prosecution witnesses and the case is now stand posted for cross-examination of P.W.12.

6. Considering the above facts and circumstances and also the fact that the case is pending from 2016 onwards and also taking note of the fact that the trial is at the fag end, this Court is not inclined to enlarge the appellant on bail. However, the trial Court is directed to complete the trial and dispose of the case in Spl.S.C.No.47 of 2020 within a period of two months from the date of receipt of a copy of this judgment.

7. With the above direction, this Criminal Appeal is disposed of. 28.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm 3 / 4

K.MURALI SHANKAR, J.

csm To 1.The Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

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

Crl.A.(MD)No.239 of 2023 Dated : 28.04.2023 4 / 4