AKKAMMAL Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the order passed in Cr.M.P.No.462 of 2020 in Crime No.1712 of 2020 dated 31.12.2020, on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.

(2.) The case against the appellant is that there is a dispute between two group of people, belong to two different communities. On 14.11.2020 at about 18.30 hours, the complainant fired crackers infront of the appellant's shop. The appellant insulted the defacto complainant by mentioning his caste name and she called upon A2 through phone. A2 came to the spot with other accused and A2 to A7 attacked the defacto complainant and his father with their bare hands. The father of the defacto complainant died on the spot. A case was registered against the appellant and others in Crime No.1712 of 2020 for the offence under Sections 147, 294(b), 323, 302, 109 of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act and Section 3(2)(v) of SC/ST (POA) Act and the appellant was arrested by the respondent police. Subsequently, the appellant filed a bail petition in Cr.M.P.No.462 of 2020 before the Special Court for Trial of Cases under SC/ST (POA) Act, Theni. The learned Judge dismissed the petition. Against which, the appellant preferred the appeal before this Court.

(3.) On the side of the appellant, it is stated that there is no specific overt act against the appellant. No weapon was used by the accused. All the other accused were granted anticipatory bail. There is no external or internal injury on the body of the deceased. The appellant is in custody for the past 78 days and she is having four years old female child, which was left in the custody of the neighbours and prayed the petition to be allowed.