D. SEETHARAMAN Vs. STATE

JUDGEMENT

(1.) The respondent Police registered a case against the appellant in Crime No.1390 of 2020, for offence under Sections 447 of IPC r/w 3(i)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Amendment Act, 1989. During the pendency of investigation, the appellant moved the Sessions Judge, Special Court for Exclusive Trial of Cases Registered Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, Villupuram for granting bail in Crl.M.P.No.471 of 2021 in Crime No.1390 of 2020. The learned Sessions Judge, by order, dated 26.02.2021, dismissed the bail application filed by the appellant. Challenging the said order, the appellant has filed the present appeal before this Court.

(2.) The learned counsel for the appellant would submit that a false case has been foisted against the appellant when the civil suit is pending between the appellant and the defacto complainant/3rd respondent herein. The 3rd respondent by giving a criminal colour to the civil dispute had given a false complaint against the appellant. The learned Sessions Judge failed to consider the same and dismissed the bail application filed by the appellant. Therefore, he has filed the present appeal for granting bail. The learned counsel for the appellant would further submit that there are two accused in this case, in which the appellant is the 1st accused. Earlier, he has filed a petition under Section 482 Cr.P.C., before this Court in Crl.O.P.No.2655 of 2020 and this Court, by order, dated 15.02.2021, directed him to surrender before the trial Court. As per the direction of this Court, the appellant surrendered before the trial Court and filed the bail application and the trial Court, by order, dated 26.02.2021 in Crl.M.P.No.471 of 2021 dismissed the same. It is further submitted that between the parties, a civil suit in O.S.No.200 of 2020 is pending before the learned District Munsif Cum Judicial Magistrate, Vikravandi, regarding granting panchama land and the Writ Petition in W.P.No.774 of 2018 is also pending. In order to get over from the civil suit, he has foisted the false case against the appellant and therefore, the appellant may be enlarged on bail.

(3.) The 3rd respondent appeared in person and vehemently contended that the disputed property is a panchama land which cannot be disbursed to other than the people belong to Scheduled Castes and Scheduled Tribes. The appellant created false document and tried to dispossess the 3rd respondent from the panchama land which is against law. Despite pendency of the civil suit and the writ petition, the appellant is trying to forcefully dispossess the 3rd respondent fully knowing that he belongs to the Scheduled Castes and Scheduled Tribes and also humiliated him. Therefore, he has given a complaint to the respondent Police which was registered in Crime No.1390 of 2020, for offence under Section 447 of IPC r/w 3(i)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Amendment Act, 1989. During the pendency of investigation, the appellant has filed a petition under Section 482 Cr.P.C., before this Court in Crl.O.P.No.2655 of 2021 and this Court, by order, dated 26.02.2021 directed him to surrender before the trial Court and that is why, he surrendered, otherwise he would not be secured. If he released on bail, he would cause trouble to the 3rd respondent and also tamper the witness and hamper the investigation. Therefore, the 3rd respondent objected for granting of bail.