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Madras High CourtCRL A(MD)/244/2021dismissed

Dhanush @ Dhanuskodi v. The Deputy Superintendent Of Police

2021-07-15Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.A(MD)No.244 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.07.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.A(MD)No.244 of 2021 Dhanush @ Dhanuskodi : Appellant/Petitioner/A3 Vs.

1.The Deputy Superintendent Police, Eral, Tuticorin District.

2.The Inspector of Police, Eral Police Station, Tuticorin District.

(In Crime No.200 of 2018) : Respondents/Respondents/Complainant 3.Petchiraj : 3rd Respondent/3rd Respondent/ De-facto Complainant Prayer: Criminal Appeal filed under section 14-A(2) of SC/ST (POA) Act, 2015 against the order of the Special Court for Trial of Cases under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Thoothukudi, made in Crl.M.P No.564 of 2021, dated 11.05.2021 and enlarge the appellant on bail in Cr No.200/2018 on the file of the 2nd Respondent Police.

For Appellant : Mr.V.Angusamy For R1 and R2 : Mr.RMS.Sethuraman Counsel for State Government (Criminal side) For 3rd Respondent : Service awaited

O R D E R

This Criminal Appeal is directed against the order, dated 11.05.2021 made in Crl.M.P No.564 of 2021 in SC No.10 of 2021 on the file of the Sessions Judge, Special Court for Trial of the cases under SC/ST (POA) Act, Thoothukudi and enlarge the appellant on bail.

2.The case of the prosecution is that the appellant and two others, murdered the deceased.

3.The learned counsel appearing for the appellant submitted that the appellant is an innocent person and he has been falsely implicated in this case and he has nothing to do with the alleged occurrence and that the appellant is in jail from 01.12.2020 and he https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.A(MD)No.244 of 2021 is only the bread-winner of the family.

4.The learned Standing counsel appearing for the respondents 1 and 2/State filed a counter stating that the appellant is a History Sheeted Rowdy and he is having 22 previous cases and if he is released on bail, there is a chance of absconding and tampering the witnesses and prays for dismissal of the Criminal Appeal. 5.Considering the above facts and circumstances of the case and also considering the fact that the appellant is a History Sheeted Rowdy and he is having 22 previous cases, this Court is not inclined to allow the Criminal Appeal.

6.Accordingly, this Criminal Appeal is dismissed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) er Note:- In view of the present lock down owning to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but ensuring that the copy of the order that is presented is the correct copy shall be the responsibilty of the advocate/litigant concerned.

To 1.The Sessions Judge, Special Court for trial of the cases under SC/ST (POA) Act, Thoothukudi. 2.The Deputy Superintendent Police, Eral, Tuticorin District.

3.The Inspector of Police, Eral Police Station, Tuticorin District.

4. The Superintendent, Central Prison, Palayamkottai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.A(MD)No.244 of 2021 15.07.2021 NS(CO) LR (26.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2