KARUPPASAMY Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order, dtd. 6/9/2021, made in Cr.M.P.No.1424 of 2021 on the file of the Special Court (Sessions Judge) S.C / ST (POA)Act, Srivilliputhur and to enlarge the appellant on bail.

(2.) The case against the appellant is that there was a love affair between the daughter of the appellant and the defacto complainant. On 4/8/2021, the daughter of the appellant went to the house of the defacto complainant and the appellant went to the house of the defacto complainant and asked his daughter to come back home. Since the daughter of the appellant refused to do so, the appellant abused the father of the defacto complainant and assaulted the deceased/ Palani and who succumbed to the injuries and died on 5/8/2021, at about 9.45 am., in the Hospital. A case in Crime No.63 of 2021 was registered against the appellant under Ss. 294(b), 324 and 307 of I.P.C. and under Ss.

(3.) (1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. Subsequent to the death of the deceased, the case was altered into Ss. 294(b), 302 of I.P.C. and Ss. 3(1)(r), 3(1)(s), 3(2) (v) of SC/ST (POA) Act. The appellant was arrested and is in custody from 6/8/2021. The appellant and his wife have filed a bail petition in Crl.M.P.No.1424 of 2021 before the Special Court, Srivilliputtur. The petition for the appellant was dismissed and bail was granted only to the wife of the appellant by the Special Court on 6/9/2021. Against the order of dismissal of bail, the appellant has approached this Court by way of this appeal. 3.On the side of the appellant, it is stated that the investigation might have been completed within this time and further detention of the appellant in custody will not be of any help to the investigation and custodial interrogation of the appellant is not necessary. There is no bad antecedents against the appellant. The appellant is the only bread winner of his family and he is having permanent abode at the mentioned address and the appellant is in custody for more than 94 days and prayed the appellant to be released on bail.