SANKARAPANDI Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the order, dated 18.12.2020, in Cr.M.P.No.109 of 2020, 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 bail.

(2.) The case against the appellant is that on 08.05.2020 at about 07.30 p.m, due to previous motive, the accused and others who involved in this case have committed double murder. A case in Crime No.160 of 2020 under Sections 147, 148, 449, 294(b), 302, 506(ii), 120(b) I.P.C. r/w. Sections 3(1) (r) , 3(1)(s), 3(2)(v) of SC/ST (POA) Act, was registered against the appellant and others. The appellant filed a petition for bail in Cr.M.P.No.109 of 2020, before the Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi. That petition was dismissed by the Special Court, on 18.12.2020. 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 the name of six accused were mentioned and the name of the appellant has not found place in the F.I.R. The prime accused, viz., A1 to A11 were already released on bail. There was a money dispute between A1 and the brother of the victim. The appellant is only A12 in the case and he has surrendered, on 13.10.2020 and he is in custody for the past 109 days. The allegation against the appellant / A12 is only conspiracy and prayed the appellant to be released on bail.