PARTHIBAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the order, dtd. 21/12/2021, in Cr.M.P.No.1466 of 2021, on the file of the Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Thoothukudi and to enlarge the appellant on statutory bail.

(2.) The case against the appellant is that the deceased borrowed money from the appellant and other accused and thereafter, did not pay the interest. Due to which, the appellant and others abused the deceased in filthy language and also threatened him. Hence, the deceased committed suicide by consuming poison. A case in Crime No.93 of 2021 under Ss. 294(b), 352, 506(i) and 306 IPC and Ss. 4 and 9 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Ss. 3(1) (r) , 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 @ Ss. 294(b), 352, 506(i) and 306 IPC and Ss. 4 and 9 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Ss. 3(1) (r) , 3(1)(s), 3(2) (V) of SC/ST (Prevention of Atrocities) Act, 1989 was registered against the appellant and others. The appellant filed a petition for bail in Cr.M.P.No.1466 of 2021, before the Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Thoothukudi. That petition was dismissed by the Special Court, on 21/12/2021. Against the same, the appellant preferred this Criminal Appeal.

(3.) On the side of the appellant, it is stated that in the F.I.R, only three persons were shown as named accused and on the basis of confession statement given by the co-accused, other two persons were implicated as accused in this case. The prime accused A1 was already released on bail by this Court. The appellant is arrayed as A3 in the case and he was arrested and remanded to judicial custody on 13/10/2021 and he is in custody for the past 78 days. Till date, the respondent police has not filed the charge sheet before the concerned Court and hence, he seeks statutory bail.