STATE Vs. R.S.BHARATHI

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.7506 of 2020 dated 01.06.2020 granting bail to the respondent by Learned Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act 1989.

(2.) The brief facts leading to file this Appeal is as follows:

(3.) Mr.K. Prabhaharan, learned Additional Public Prosecutor vehemently contended that the trial court has not followed the procedure properly and the offence registered against the accused is very serious in nature and will have a serious impact in the society. The accused is not an ordinary layman, he is a member of Rajya Sabha. His utterance in the public meeting disrespecting the judges belonged to the minority community certainly humiliated the members of Scheduled Castes and Scheduled Tribes. The entire complaint read together makes it clear that the offence is very serious in nature. The Special Court has not taken into consideration of the object of the Special Act while extending the benefit of bail. The very restriction of the anticipatory bail under the Special Act itself clearly indicate that these offences are very serious in nature. Even the offences are minor in nature, the gravity of the offence is more, since it will have an impact on the society, particularly the members of Scheduled Castes and Scheduled Tribes. If the Act is not strictly implemented, such utterance by the leaders will bring the division among the citizens of India. Trial Court has not given proper explanation as to why the accused enlarged on bail. Since the accused denied the very contents, it is incumbent upon the prosecution to prove the contents contained in the CD. Therefore, custodial interrogation is very much required to take voice samples. His arrest was necessitated for custodial interrogation to bring home the guilt of the accused.