Ajith @ Pappaali v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.07.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Ajith @ Pappaali : Appellant/Petitioner/A1 Vs.

1.The Deputy Superintendent Police, Rural Sub Division, Thoothukudi.

2.The Inspector of Police, Thoothukudi District.

(Crime No.501 of 2020) : Respondents/Respondents/ Complainant 3.Periyanayagam : 3rd Respondent/3rd Respondent/ De-facto Complainant Prayer: Criminal Appeal filed under section 14-A(2) of SC/ST (POA) Act, against the order, dated 20.04.2021 made in Crl.M.P No.450 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 petitioner on bail. For Appellant : Mr.V.Malaiyendran For R1 and R2 : Mr.P.Kottaichamy Counsel for State Government (Criminal side) For 3rd Respondent : Died

O R D E R

This Criminal Appeal is directed against the order, dated 20.04.2021 made in Crl.M.P No.450 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 along with other accused, assaulted the deceased with Aruval and caused his death.

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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 30.09.2020 and he is only the bread-winner of the family.

4.The learned Standing counsel appearing for the respondents 1 and 2/State submitted that the appellant is a History Sheeted Rowdy and he is having 7 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 bail appeal.

5.Considering the facts and circumstances of the case and also considering the fact that the appellant is a History Sheeted Rowdy and he is having 7 previous cases, this Court is not inclined to allow the Criminal Appeal.

6.Accordingly, this Criminal Appeal is dismissed. Sd/- Assistant Registrar(CS-II) // 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, Rural Sub Division, Thoothukudi.

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3.The Inspector of Police, Thoothukudi District.

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

5. The Superintendent, Central Prison, Palayamkottai.

12.07.2021 KMK(CO) TR(19.07.2021) 3P 6C 3/3