MARIYAPPAN Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the order dated 06.10.2017 passed in Crl.M.P.No.2121 of 2017 by the I Additional Sessions Judge (PCR), Thanjavur Cases under SC / ST (POA) Act, Thanjavur and to grant bail to the appellant herein.

(2.) The case of the prosecution is that due to some civil dispute between the de facto complainant and the accused persons, the appellant along with other accused attacked the de facto complainant with stick, abused with caste name, damaged the household articles worth about Rs.50,000/-, demolished the entire house and also looted the valuable things and money.

(3.) The learned counsel for the appellant would submit that the appellant's family and the de facto complainant's family are having property dispute and due to the same, a civil suit in O.S.No.191 of 2012 before the First Additional District Munsif, Kumbakonam is pending. He would further submit that the de facto complainant's family members attacked the appellant's family members and hence, a case was also registered in Crime No.227 of 2017. The 2nd respondent's brother also attacked the appellant and his family members and hence, a case in Crime No.228 of 2017 was also registered to that effect and due to the said motive, the present complaint has been lodged. He would also submit that the alleged occurrence took place on 08.09.2017 and the case is registered only on 10.09.2017. However, the learned counsel for the appellant voluntarily agrees to deposit a sum of Rs.10,000/- in Crime No.226 of 2017 towards the alleged damaged before the First Additional District Munsif, Kumbakonam without prejudice to his contention in this case.