BOOPATHY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant, seeking to set aside the order dated 30.09.2019, made in Crl. M.P. No. 78/2019, by the Special Court for SC and ST (POA) Act cases, Namakkal.

(2.) The case of the prosecution is that as per the complaint given by the defacto complainant Pannerselvam who is the Secretary in VCK party is that on 04.09.2019 he had received a whatsapp message in which the accused had uploaded a photo of him stamping on the picture of his party leader. Based on his complaint a case in Crime No. 244 of 2019 was registered by the respondent police for offence under Section 153(a), 505(2) (c) IPC and section 3(1) (t) of SC/ST (POA) amendment Act, 2015 and on the same day the petitioner was arrested. The petitioner filed a petition before the trial Court for bail in Crl. M.P. No. 78 of 2019 and the same was dismissed on 30.09.2019.

(3.) The learned counsel for the petitioner submitted that the petitioner was arrested on 04.09.2019 and he is in custody for more than 58 days. He would further submit that investigation in this case has been over.