M.GNANASEKARAN Vs. JANARTHANAN @ JANA

JUDGEMENT

(1.) All these petitions have been filed under Section 439(2) Cr.P.C., seeking to cancel the bail granted to the respondents, Janarthanan @ Jana(A6-appellant in Crl.A.No.123 of 2018), Sivaraman @ Sivaramakrishnan (A5- appellant in Crl.A.No.124 of 2018), Karthik @ Karthikeyan (A7 - appellant in Crl.A.No.125 of 2018), Karthikeyan @ Ramesh (A4 - appellant in Crl.A.No.122 of 2018) granted in the aforesaid criminal appeals, by order dated 23.04.2018, which appeals have been filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. By the said order in the aforesaid criminal appeals, a learned Single Judge of this Court had examined the dismissal of bail petition preferred by the appellants therein by the Special Judge, II Additional Sessions Court, Puducherry and by common order dated 23.04.2018, had thought it fit to allow the appeals and set aside the order dismissing the bail petitions dated 30.01.2018 and had granted bail to the appellants with conditions to stay at Karaikal for a period of one month and with further directions to appear before the Court on all hearing dates. Subsequently, the condition to stay at Karaikal, was also relaxed. It is to be mentioned that the accused are facing trial in S.C.No.33 of 2017 on the file of the Special Judge, II Additional Sessions Court, for offences under Sections, 148, 302 I.P.C r/w 149 and 109 I.P.C and Section 3 of Explosive Substances Act 1908 @ 143, 120(b), 109, 449, 427 and 302 of I.P.C r/w 149 and Section 3,4,5 and 6 of Explosive Substances Act, 1908 and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 2015.

(2.) The present petitions have been filed by the de-facto complainant / Gnanasekaran. It is to be mentioned that the de-facto complainant had lodged a complainant which was registered as Crime No.40 of 2017, originally by the Inspector of Police, Thirubuvanai Police Station on 19.04.2017 and later the investigation had been handed over to CBCID Police Station as charge sheet No.8 of 2017. After investigation, a final report was filed under Sections 143, 120(B), 109, 449, 427 and 302 of IPC r/w 149 of IPC and under Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908, against A1/Udhayakumar, A2/Senkathiravan, A3/Rathinavel, A4/Karthikeyan @ Ramesh, A5/Sivaraman @ Sivaramakrishnan, A6/Janarthanan @ Jana, A7/Karthi @ Karthikeyan and A8/Boobalan.

(3.) An additional charge sheet was filed on 03.01.2018 against the accused persons including the offences under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, apart from the original Section under which the first charge sheet was filed. The accused filed bail petition before the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, namely, II Additional Sessions Court, Puducherry. By order dated 30.01.2018, the bail petitions were dismissed. As against the said dismissal, Criminal Appeal Nos.122, 123, 124 and 125 were filed by the present respondents in each one of the present original petitions under Sections 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and a common order was passed by the learned Single Judge of this Court as stated above, allowing the appeals and granting bail to the appellants. This order is questioned by the de-facto complainant.