Madras High Court
Mahalingam vs The Deputy Superintendent Of Police on 19 December, 2023
Crl. A.(MD)No.994 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 12.12.2023
Delivered on : 19.12.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
Crl. A.(MD)No.994 of 2023
Mahalingam ... Appellant/
Accused No.1
Vs.
1.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
2.The State:
Rep. by Inspector of Police,
Thiruvadanai Police Station,
Ramanathapuram District.
(Crime No.230 of 2022) ...Respondents/
Complainants
3.Panchammal ...Respondent/
Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of SC/ST
(POA) Act, 1989 as amended by Act 1 of 2016, to set aside the order in
Cr.M.P.No.1200 of 2023 on the file of the Sessions Judge, Special Court for
Trial of Cases Registered under SC/ST (POA) Act, Ramanathapuram, which
was dismissed on 22.09.2023 and enlarge the appellant on bail.
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Crl. A.(MD)No.994 of 2023
For Appellant : Mr.K.Anbarasan
For R1 & R2 : Mr.B.Nambiselvan
Additional Public Prosecutor
JUDGMENT
This Criminal Appeal has been filed to set aside the order in Cr.M.P.No.1200 of 2023 on the file of the Sessions Judge, Special Court for Trial of Cases Registered under SC/ST (POA) Act, Ramanathapuram, which was dismissed on 22.09.2023 and enlarge the appellant on bail.
2. The case of the prosecution is that the deceased is the son of the third respondent/defacto complainant, that the deceased had married one Niroja, that there existed dispute between the husband and wife, due to which, the deceased's wife went to her parental home in Thuvaar village, Sivagangai District, one and half year prior to the occurrence, that on 09.10.2022, at about 5.30 p.m, the deceased went to return the beer and brandy bottle to one Sukumar, but even after the mid night, the deceased did not return to home, that thereafter the third respondent along with her grandson, namely, Suresh, went to Sukumar's house and searched out the deceased, that the said Sukumar told that the deceased returned to the house already, that they were 2/7 https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.994 of 2023 making search and at that time one Mahalingam and Arumugam informed the third respondent that the deceased's body was lying in Mahalingam's land, that they went to that place and found that the head and body of the deceased were severed and put in separate places and that on the basis of the above said occurrence, a case was registered in Crime No.230 of 2022 for the offences under Section 302 IPC altered into Sections 302 and 120(B) IPC r/w 3(2)(Va) of SC/ST (POA) Amendment Act, 2015.
3. It is evident from the records that the appellant has filed two bail applications before the Special Court, Ramanathapuram and the same were dismissed. Thereafter, the appellant has filed two appeals for bail before this Court and the same were dismissed. Subsequently, the appellant has filed another bail application before the Special Court in Cr.M.P.No.1200 of 2023 and the same was ordered to be dismissed on 22.09.2023. Aggrieved by the dismissal, the present appeal came to be filed.
4. The learned counsel appearing for the appellant would submit that the appellant has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.
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5. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the present appellant is the main accused, that the appellant along with the other accused had committed brutal murder by severing the head of the deceased, that the appellant is having 3 previous cases, which includes, a murder case and another case under Section 392 Cr.P.C. and that if the appellant is released on bail, there is every possibility of absconding the appellant and threatening the witnesses.
6. The learned counsel appearing for the appellant would further contend that all the co-accused were already released on bail, that investigation has already been completed and charge sheet was filed and the same was taken on file in Spl.S.C.No.4 of 2023 on the file of the Special Court for Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram, that the appellant is in judicial custody for the past one year and that therefore, the appellant may be enlarged on bail.
7.The earlier applications filed by the appellant were dismissed by this Court by passing elaborate order and now this appeal has been filed mainly on the ground that the appellant is in judicial custody from 12.10.2022 and the co-accused were arrested and thereafter, released on bail. After 4/7 https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.994 of 2023 hearing both side counsels and perusing the records, this Court found that this application is filed by the appellant without any change of circumstances to consider the case.
8. Since there is no change of circumstances and also considering the gravity of offence and the specific overt act against the appellant and also considering the previous antecendts of the appellant, this Court is of view that this appellant is not entitled for bail.
9. In the result, this Criminal Appeal is dismissed.
19.12.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
tta
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Crl. A.(MD)No.994 of 2023
To
1.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
2.The Inspector of Police,
Thiruvadanai Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
6/7 https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.994 of 2023 P.VADAMALAI,J tta Pre-delivery order made in Crl. A.(MD)No.994 of 2023 Dated : 19.12.2023 7/7 https://www.mhc.tn.gov.in/judis