SUDHAKAR Vs. DEPUTY SUPERINTENDENT OF POLICE, KOTTAKUPPAM SUB-DIVISION, AUROVIL, VANUR TALUK, VILLUPURAM DISTRICT.

JUDGEMENT

(1.) The criminal appeals have been filed against the dismissal of the bail orders dtd. 10/11/2021 passed in Crl.M.P.Nos.1663 of 2021 and 1651 of 2021 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram.

(2.) Brief facts of the prosecution case as per the defacto complainant, Thamarai Selvi is that her husband Ramdev @ Abin was working in Maintenance Department MGM, Chennai and due to Covid pandemic situation, he was not going out and he was at home. On 8/6/2021, at about 8.00 pm, her husband had taken the two wheeler belonging to one Poovarasan and gone out. At about 8.30 pm, her relative one Silambarasan had informed her that eight persons who are known to her had waylaid her husband and questioned him why he had come to the place where they were drinking alcohol and assaulted him with sticks and stones causing injuries to her husband. Hence complaint was given to the respondent police on 9/6/2021. On the complaint, the case was registered by the respondent in Crime No.208 of 2021 for offences under sec. 147, 148, 341, 294(b), 324, 506(ii) and 307 I.P.C The victim died on 12/6/2021 at 0400 hours. Thereafter, the case was altered into one under Sec. 147, 148, 341, 294(b), 324, 506(ii) and 302 IPC. Later during the course of investigation finding that the victim belongs to SC community, case was altered into one under Sec. 147, 148, 341, 294(b), 324 506(ii) IPC r/w 302 IPC r/w 3(1)(r)(s) of SC/ST POA Act 2015. Meanwhile, the appellants were arrested on 10/6/2021 and remanded to judicial custody. Accused Nos.1, 4, 6, 7 and 8 had filed Crl.M.P.No.1663 of 2021 and accused Nos.2, 3 and 5 have filed Crl.M.P.No.1651 of 2021 before the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram and both the bail applications were dismissed by an order dtd. 10/11/2021, against which, the present Criminal Appeals have been filed.

(3.) Mr.S.Saravana Kumar, learned counsel appearing for the appellants at the outset would submit that even as per F.I.R, the defacto complainant is not an eye witness to the occurrence. The incident had occurred when both the parties were drinking in secluded place outside the village and the assault is a offshoot of a drunken brawl between two groups in an inebriated condition and at that time, in fact, the deceased is the person who is a aggressor in this case, has assaulted one Arumugam, who is A3 in this case. Initially, the deceased had assaulted the appellants with sticks and stones, due to which, Arumugam(A3) in this case sustained injuries. On the complaint given by the said Arumugam (A3), case in Crime No.207 of 2021 was registered against the deceased Ramdev and four of his friends.