KASAMUTHU Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the order passed in Cr.M.P.No.26 of 2020 dated 21.11.2020, on the file of the Special Court for Trial of Cases under the Scheduled Caste and Scheduled Tribes (POA) Act, Thoothukudi in Crime No.305 of 2020 on the file of the respondent police and set aside the same and grant bail to the appellants/Accused No.5 and 6.

(2.) The case against the appellants is that due to previous enmity between the appellants and the deceased, on 03.11.2020, the accused Mari, Essakki and Selvam abused the deceased in filthy language using his caste name and assaulted him with weapon and thereby caused death of the deceased. At that time, the appellants were standing on the occurrence place and supported the other accused and they insulted the deceased by mentioning his caste name. A case in Crime No. 305 of 2020 was registered by the respondent police under Sections 147, 148, 120(b), 294(b), 342, 302, 506(ii) and 120(B) of IPC and Sections 3(l)(r), 3(l)(s), 3(2)(V) of Scheduled Caste and Scheduled Tribes (POA) (Amendment) Act 2015.The appellants filed a petition for bail in Cr.M.P.No.26 of 2020 before the Special Court, which was dismissed on 21.11.2020. Against which, the appellants have preferred this appeal.

(3.) On the side of the appellants, it is stated that already the prime accused was released on bail. The only allegation against the appellants is that they were available at the place of occurrence and there is no specific overt act in the First Information Report against them. The allegation is only against Al to A3. The appellants are in custody from 04.11.2020 onwards. The first appellant is the communist party leader, who tried to pacify the situation. The second appellant is the brother of the first appellant and they have been falsely implicated in this case and prayed the petition to be allowed.