GANESAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants/accused to set aside the order passed by the learned Sessions Judge for Special Court for Exclusive Trial of Cases, registered under the Prevention of Atrocities Act, 1989, Krishnagiri, passed in Crl. M.P. No. 1887 of 2019 dated 24.09.2019 and to enlarge the appellants on bail, in Crime No. 227 of 2019 on the file of Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

(2.) The case of the prosecution as per the defacto complainant / SanthaKumar is that he is the student, studying B.Com in Krishna College, Krishnagiri. On 15.09.2019 his friend Latha had come to his village to visit him. At that time, the petitioners / accused persons belonging to the other community in the village were drinking near the road and they have waylaid the friend of the defacto complainant and abused her with filthy language. The said Latha called the defacto complainant and the defacto complainant had gone there and questioned why they have abused his friend Latha. At that time, the accused have also threatened and abused the defacto complainant. When the family members of the defacto complainant had questioned the accused, they have abused them calling by caste name and have also threatened to kill them and thereafter, trespassed into the house of the defacto complainant and caused damage to the door and window. Based on the complaint given by the defacto complainant, a case in Crime No. 227 of 2019 was registered by the first respondent / police under Sections 147, 448, 427, 323, 506(i) IPC and Sec 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendement Act 2015. The appellants are A1 and A2 and they have filed an application for bail in Crl. MP. No. 1887 of 2019 before the learned Sessions Judge for Special Court for Exclusive Trial of Cases registered under the Prevention of Atrocities Act, 1989, Krishnagiri and the same was dismissed on 24.09.2019. Against the dismissal of the bail application, the present Appeal has been filed.

(3.) The learned counsel for the appellants/accused would submit that due to the communal dispute between the parties, a false complaint has been given. The appellants/accused were arrested on 17.09.2019 and that they are in incarceration for almost one month. He would submit that the investigation of the case is over.