Meenakshi v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.A(MD)Nos.313, 314 and 324 of 2018 Crl.A(MD)No.313 of 2018:

Meenakshi : Appellant/ Accused No.4 Vs.

1. State rep. By The Deputy Superintendent of Police, Manamadurai Sub Division, In Pazhayanoor P.S. Crime No.32/2018, Manamadurai Taluk, : First Respondent/ Complainant 2.Maheswaran : Second Respondent/ De facto complainant PRAYER: Criminal Appeal is filed under Section 14 A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, praying to call for the entire records relating to the order dated 02.07.2018 in Cr.M.P.No.1500 of 2018 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC-ST (POA) Act, 1989, Sivagangai and set aside the same as arbitrary and consequently to release the appellant on bail in connection with Crime No.32 of 2018 on the file of the first respondent police station.

: Mr.N.Anathapadmanaban for M/s.APN Law Associates For Respondent No.1 : Mr.K.K.Ramakrishnan, For Respondent No.2 For intervenor Crl.A(MD)No.314 of 2018:

Muthiah @ Muthu Servai : Appellant/ Accused No.8 Vs.

1. State rep. By The Deputy Superintendent of Police, Manamadurai Sub Division, In Pazhayanoor P.S. Crime No.32/2018, Manamadurai Taluk, : First Respondent/ Complainant

2.Maheswaran : Second Respondent/ De facto complainant PRAYER: Criminal Appeal is filed under Section 14 A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, praying to call for the entire records relating to the order dated 02.07.2018 in Cr.M.P.No.1499 of 2018 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC-ST (POA) Act, 1989, Sivagangai and set aside the same as arbitrary and consequently to release the appellant on bail in connection with Crime No.32 of 2018 on the file of the first respondent police station.

: Mr.N.Anathapadmanaban for M/s.APN Law Associates For Respondent No.1 : Mr.K.K.Ramakrishnan, For Respondent No.2 For intervenor Crl.A(MD)No.324 of 2018:

Chellammal : Appellant/Accused rank not known Vs.

1. State rep. By The Deputy Superintendent of Police, Manamadurai,

2. The Inspector of Police, Pazhayanoor Police Station, : Respondents 1 and 2/ Complainant 3.Maheswaran : Third Respondent/ De facto complainant PRAYER: Criminal Appeal is filed under Section 14 A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, praying to call for the records pertaining to the order dated 04.07.2018 made in Cr.M.P.No.1536 of 2018 on the file of Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the appellant on bail in connection with Crime No.32 of 2018 on the file of the respondent police by allowing this criminal appeal.

: Mr.P.Senguttuarasan For Respondents 1 and 2 : Mr.K.K.Ramakrishnan, For Respondent No.3 For Intervenor COMMON JUDGMENT These Criminal Appeals are filed praying to set aside the orders dated 02.07.2018 and 04.07.2018 made in Cr.M.P.Nos.1500, 1499 and 1536 of 2018 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and consequently enlarge the appellants on bail in connection with Crime No.32 of 2018 on the file of the respondent police.

2.Heard the learned counsel for the appellants and the learned Additional Public Prosecutor for respondent police. Perused the appeals and the contentions raised by the counsel. 3.A communal clash due to first honouring in the temple, has ended in three murders and serious injuries to five persons. 4.The learned Additional Public Prosecutor submits that the investigation is almost completed and final report is likely to be filed. The atmosphere in the village is not conducive to entertain the bail petitions. As far as the merits of the bail petitions are concerned, though there are some points for consideration, taking note of the objections made by the learned Additional Public Prosecutor regarding the volatile situation prevailing in the village, this Court is not inclined to grant bail to the appellants, at present.

5.With the above observations, these Criminal Appeals are dismissed.

Sd/- Assistant Registrar (writs) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Sessions Judge, Special Court for Trial of Cases under SC-ST (POA) Act, 1989, Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai,

3. The Superintendent , Special Prison for Women, Madurai.

4. The Superintendent, Central Prison, Madurai.

5. The Inspector of Police, Pazhayanoor Police Station,

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

Smn MK/SKN/SAR 1/06.09.2018/4P/7C COMMON JUDGMENT MADE IN Crl.A(MD)Nos.313, 314 and 324 of 2018 13.08.2018