M. SANTHOSH Vs. DEPUTY SUPERINTENDENT OF POLICE, RANIPET

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the impugned order in Crl.M.P.No.1374 of 2023 dtd. 19/12/2023 passed by the learned Sessions Judge, Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore and enlarge the appellant on bail in connection with Crime No.137 of 2022 on the file of the second respondent Police.

(2.) The appellant, who is A8 in Crime No.137 of 2022 for offences under Ss. 364, 302, 201, 147, 148, 120(b), 109 and 212 of IPC and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was arrested by the respondent police on 15/9/2023. The appellant filed a bail application before the learned Sessions Judge, Vellore in Crl.M.P.No.1374 of 2023 and the same was dismissed vide impugned order, dtd. 19/12/2023. Aggrieved over the same, the present Criminal Appeal is filed.

(3.) The contention of the learned counsel for appellant is that there is no overt act attributed against the appellant. The appellant is said to have present along with the other accused when the de-facto complainant's son was cut into pieces and done away. Her complaint is that on 9/7/2022 around 8.30 p.m., when the de-facto complainant, her daughter-in-law and her son, namely, Sarath Kumar were in the house, three unknown persons came into the house and warned her son Sarath Kumar to behave properly and left the house. Around 10.30 p.m., they again came to her house and kidnapped her son Sarath Kumar and took him in a two wheeler. Thereafter, the de-facto complainant and her daughter-in-law searched for Sarath Kumar. On the next day, on 10/7/2022, they were informed about the body of Sarath Kumar cut into pieces found near cemetery. Thereafter, complaint lodged on 10/7/2022.