P. MANIVASAGAM Vs. STATE

JUDGEMENT

(1.) The appellant/accused in Crime No.542 of 2020 for the offence under Sections 294(b), 506(i) IPC r/w 3(1)(r), 3(1)(s) SC/ST (PoA) Amendment Act 2015 dated 16.12.2019, has moved a bail application before the learned Special Judge, Special Court for SC/ST (PoA) Act, Namakkal, in C.M.P.No.135 of 2020 and the same was dismissed on 24.11.2020. Against which the present appeal.

(2.) The case of the prosecution is that the third respondent/defacto complainant is belonging to Scheduled Caste Community, on 15.11.2020 at about 4 p.m., when the third respondent and his supporters questioned the appellant about the construction of compound wall near the road connecting between Arasamaram to Magudanchavadi, the appellant and his daughter in law abused the third respondent and his supporters with filthy language and criminal intimidation by calling the defacto complainant by his caste name. Hence a complaint.

(3.) The contention of the learned counsel for the appellant is that the appellant has been falsely implicated in this case. There was no such occurrence as alleged in the complaint. The complaint has been lodged only to implicate the appellant as an accused in a criminal case as to sort out the dispute in civil case. The appellant already succeeded a civil case in O.S.No.270 of 2015 dated 27.07.2018 before the Additional District Munsif, Tiruchengode. The third respondent and his supporters repeatedly damaged the appellant's property. This appellant lodged a complaint before the Mallasamudram Police Station in Crime No.254 of 2017 under sections 294(b), 427, 506(i) IPC against the third respondent supporters. He further submitted that he has not committed any offence as alleged by the third respondent. He is the sole bread winner of his family. Hence, prayed for bail.