LAWS(MAD)-2023-10-2

JEYA MUTHULINGAM Vs. DEPUTY SUPREINTENDENT OF POLICE

Decided On October 12, 2023
Jeya Muthulingam Appellant
V/S
Deputy Supreintendent Of Police Respondents

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.741 of 2023 in S.C.No.23 of 2023 dtd. 8/8/2023 pending on the file of the learned Session Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, and enlarge the appellant on bail in connection with Crime No.618 of 2022, on the file of the second respondent police.

(2.) According to the prosecution, the appellant and the other accused said to have committed the offences under Ss. 147, 148, 294(b), 324, 307, 302, 506(ii), 109, 120(b) of IPC and Sec. 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (PoA) Amendment Act.

(3.) The case of the prosecution is that on 13/11/2022 at about 04.30 pm., the appellant/Accused No.3 along with other accused had unlawfully assembled and abused the de-facto complainant's son and her husband by using their caste name and that during the course of the quarrel, the appellant along with the other accused had wrongfully restrained the de-facto complainant's son and murdered the de-facto complainant's husband. Hence, the second respondent Police registered a case in Crime No.618 of 2022 against the appellant and the other accused persons, for the offences under Ss. 147, 148, 294(b), 324, 307, 302, 506(ii), 109, 120(b) of IPC, Sec. 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (PoA) Amendment Act. Hence, the appellant has filed a petition for bail in Crl.M.P.No.741 of 2023, before the learned Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) Act, and the same was dismissed on 8/8/2023. Challenging the same, the appellant has preferred this Criminal Appeal.