MADASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order passed by the learned Sessions Judge, Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi (FAC), in Crl.M.P.No.50 of 2023 dtd. 19/1/2023 and enlarge the appellant on bail in Crime No.374 of 2022.

(2.) The case of the prosecution is that on 4/10/2022 at about 07.30 p.m., the appellant/fourth accused along with the other accused had assembled unlawfully with deadly weapons and abused the third respondent/ defacto complainant by using her caste name and attacked the third respondent's husband, namely, Azhagudurai and murdered him, who belonging to Scheduled Caste community and on the basis of the complaint given by the third respondent, FIR came to be registered in Crime No.374 of 2022 for the offences under Ss. 147, 148, 294(b), 302 and 506(2) IPC, Sec. 4 of TN Prohibition of Harassment of Women Act, 2002 and Ss.

(3.) (l)(r), 3(l)(s) and 3(2)(v) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the appellant is having 17 previous cases, but all the cases were registered under Prohibition Act and that all the cases under Prohibition Act were already disposed of and the appellant is not having previous cases pending. He would further submit that the respondent, after completing the investigation, has already filed the final report and the case was taken on file in S.C.No.2 of 2023 and the same is pending on the file of the Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi.