KANNAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the order passed in Cr.M.P.No.30 of 2021 dated 21.01.2021, on the file of the learned Sessions Judge, Special Court for exclusively trial of cases under SC/ST(POA) Act, Dindigul and to grant bail to the appellant.

(2.) The case against the appellant is that the son of the defacto complainant was found dead on 25.08.2020. On the complaint of the defacto complainant, a case was registered in Crime No.925 of 2020 under Section 302 of IPC. Subsequently, the same was altered into Section 302 of IPC r/w. Section 3(2)(v) of SC/ST (POA) Act. The appellant is in custody from 26.08.2020. Hence, the appellant has filed a bail petition before the learned Sessions Judge, Special Court for exclusively trial cases under SC/ST (POA) Act, Dindigul in Cr.M.P.No.276 of 2020 and the same was dismissed on 23.10.2020. Against the dismissal order, the appellant come forward with an appeal in Crl.A.(MD)No.324 of 2020 before this Court and that appeal was dismissed on 10.12.2020. Again the appellant has filed the present appeal for bail.

(3.) On the side of the appellant, it is stated that only based on extra judicial confessional statement of accused persons and based on circumstantial evidence, the appellant was roped into the case. The appellant was also a member of SC/ST community. He was arrested on 26.08.2020 and is in custody for the past 190 days. The bail already granted to A2 was cancelled and he is in custody now. The investigation was over and prayed the appellant to be released on bail.