SARASU Vs. STATE

JUDGEMENT

(1.) The criminal appeal has been filed by the appellant/A1, seeking to set aside the order, dated 23.09.2019, made in Crl. M.P. No. 64/2019 in S.C. No. 20/2018, by the Special Court for SC and ST (POA) Act Cases, Namakkal.

(2.) This Court heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the 1st respondent.

(3.) The case of the prosecution is that on 21.09.2013, the de facto complainant was doing job in vacant land and at that time, the appellant came to that place and abused him in filthy language using his caste name and also threatened him with dire consequences. Based on the complaint given by the de-facto complainant, a case in C. No. 814/2013 was registered under Section 294 (b) of IPC and Section 3(1)(x) of SC/ST (POA) Act, and after completion of investigation the case has been taken up for trial in S.C. No. 20/2018 on the file of the Special Court for SC and ST (POA) Act Cases, since, the petitioner did not appear before the Trial Court on 04.07.2019, the Trial Court had issued Non Bailable Warrant pursuant to which, the petitioner was arrested on 12.09.2019 and she is in judicial custody. The petitioner had applied for bail before the Trial Court in Crl.M.P. No. 64/2019 and the Trial Court by order dated 23.09.2019 had dismissed the same. Against which the present Criminal Appeal has been filed.