E. VENKATACHALAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the impugned order in Crl.M.P.No.226 of 2024 dtd. 30/1/2024 passed by the learned Principal Sessions Judge, Salem and enlarge the appellant on bail in connection with Crime No.1681 of 2023 on the file of the second respondent Police.

(2.) The appellant, who is an accused in Crime No.1681 of 2023 for offences under Ss. 294(b) and 353 of I.P.C. r/w Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sec. 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, was arrested by the respondent police on 5/1/2024. The appellant filed a bail application before the learned Principal Sessions Judge, Salem in Crl.M.P.No.226 of 2024 and the same was dismissed vide impugned order, dtd. 30/1/2024. Aggrieved over the same, the present Criminal Appeal is filed.

(3.) Private notice has been taken to the third respondent/de-facto complainant. Affidavit of Service filed. From the Affidavit of Service it is seen that the third respondent received notice. Further the respondent police through jurisdictional police had served notice to the third respondent on 13/2/2024. The copy of the served notice has been produced. Despite the name of the third respondent/de-facto complainant is printed in the cause list, today there is no representation for the third respondent/de-facto complainant either in person or through her counsel. In view of the same, this Court finds that the third respondent has got no serious objection. This Court proceeds to hear the appeal of the appellant, since the appellant is languishing in prison from 5/1/2024.