SEMMALAI Vs. SUPERINTENDENT OF POLICE, SALEM

JUDGEMENT

(1.) This Criminal appeal has been filed against the dismissal of the bail application in Crl.M.P.No. 4890 of 2021 by order dtd. 14/12/2021 passed by the Learned Principal District and Sessions Judge, Salem.

(2.) The case of the prosecution is that due to previous enmity, on 17/4/2021 at about 09.30 p.m., near Thannikuttapatti burial ground, when the defacto complainant was talking with his relative Murugesan and one Prakash, the appellant along with the other accused have come there and abused the defacto complainant by calling his caste name and had also abused him with filthy language and attacked him on his hands and legs and thereafter, took him in a two wheeler and later, in a car and attacked him with iron rod and stick. The appellant and the other accused threatened the defacto complainant with dire consequences and dropped him at Madhanaickenpatty bus stop and left from the place. On the complaint given by the defacto complainant, a case in Crime No.133/2021, a case was registered for the offences under Sec. 147, 148, 365, 294(b), 323, 324 and 506(ii) of I.P.C. and under Sec. 3(1)(r), 3(1)(s) and 3(2)((va) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act 2015. The appellant had filed an application for bail in Crl.M.P.No.4890 of 2021 on the file of the Principal Sessions Judge, Salem and the learned Judge by order dtd. 14/12/2021, had dismissed the application against which the present appeal has been filed.

(3.) Learned counsel for the appellant would submit that the appellant is arrayed as A3 in this case and he has been falsely implicated in this case due to previous enmity. The averments in the complaint are unbelievable. He would further submit that the co-accused in this case who have been arrested, were enlarged on bail by the Sessions Court and that the injured has also been discharged from the hospital. He would further submit that there is no previous case pending against the petitioner.