MURUGESAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the order passed in Cr.M.P.No.225 of 2021 dated 19.02.2021, on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, Sivagangai and to enlarge the appellant on bail.

(2.) The case against the appellant is that the appellant on false promise to marry the victim, had sexual intercourse with her. Later the victim who came to know that the petitioner was already a married man having a child, moved to Karaikudi and lead a new life. The petitioner and others waylaid the victim and scolded her in filthy language and by uttering her caste name and attacked her. Hence, a case was registered against the appellant in Crime No.2 of 2021 under Sections 417, 376, 323, 506(ii) and 109 of IPC and Sections 3(1)(r), 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant has filed a bail petition in Crl.M.P.No.225 of 2021 before the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, Sivagangai. The petition was dismissed by the learned Judge on 19.02.2021. Against the same, the appellant has preferred the present appeal.

(3.) On the side of the appellant, it is stated that there was no recovery of any video clippings from the appellant. There was love affair between the appellant and the defacto complainant. The appellant is in custody for the past 60 days. The chargesheet was not yet filed. The statutory period was almost over and the appellant is entitled for bail under Section 165 of Cr.P.C., and prayed the appellant to be released on bail.