PALANIVEL @ PRAKASH Vs. STATE REP

JUDGEMENT

(1.) This appeal has been filed by the accused under Section 14A(2) of SC/ST (POA) Act, 1989 to set aside the order passed by the learned Principal Sessions Judge, Salem (Special Court under the SC/ST (POA) Act, in Crl.M.P.No.445 of 2020 dated 10.02.2020.

(2.) The petitioner herein was arrested for the alleged offences under Sections 174(3) Cr.P.C @ 3(1) (r ), 3(1) (s), 3(2) (va) of SC/ST (POA) Act on 17.01.2020 and remanded to Judicial Custody and from that date onwards, he is in custody. The petitioner herein has filed a bailable application before the learned Principal Sessions Judge, Salem {Special Court under the SC/ST (POA) Act} in Crl.M.P.No.445 of 2020. The learned Principal Sessions Judge, Salem by the order dated 10.02.2020 has dismissed the said bailable application. Challenging the said order, the petitioner has filed the present appeal.

(3.) The case of the prosecution is that the petitioner belongs to Vellala Gounder Community whereas, the deceased Rajeswari belongs to Scheduled Tribe. The petitioner and the said family members insisted the second respondent to give her daughter (deceased) in marriage to the petitioner. Though the second respondent and her family members initially refused the said request, finally the second respondent agreed for the same. Accordingly the marriage between the petitioner and the deceased was solemnized on 04.09.2019 in Aragallur Iswaran temple. Its further case is that after the marriage, the petitioner and his family members indulged in harassing the deceased by showing discrimination on the ground that she belongs to Scheduled Tribe and suddenly, she was admitted in the hospital on the pretext that she was suffering from jaundice. When the deceased was in hospital, she informed the second respondent that the petitioner and his family members gave a powder for nearly two months and also compelled her to consume the same and accordingly she consumed the same.