C.Kannan vs Deputy Superintendent Of Police And Others

G.Ilangovan, J

This Criminal Appeal has been filed seeking to set aside the order, dated 05/01/2023 made in Cr.M.P No.3 of 2023 in Crime No.392 of 2022 on the file of the Special Judge, Special Court for Trial of cases under SC/ST (POA) Act cases, Theni and enlarge the appellant on bail.

2.The case of the prosecution in brief:-

The de-facto complainant lodged a complaint stating that she belongs to the Scheduled Caste community and she was married to one Mariappan. Some 6 years back, a male child was born to them. She was affected by HIV virus. After the death of her husband, she was undergoing treatment in Theni Government College Hospital. She was working as a labour under the accused, who is a mason by profession. During the month of January, 2022, she was subjected to sexual intercourse forcibly by the accused. Stating that he has videographed the above said incident, she was repeatedly subjected to sexual intercourse. Due to it, she became pregnant. When she contacted the accused and requested him to marry her, he criminally intimidated and abused her by calling her caste name. On that basis, a complaint was given by the victim and the case was registered for the offences punishable under sections 376, 294(b), 506(i) IPC and section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015 and 3(2)(v) of SC/ST (POA) Act, 1989, 2015. The accused was arrested and remanded to judicial custody.

3.Seeking bail, the accused moved the Special Court, which came to be dismissed, by order, dated 03/11/2022. Against which, on the earlier occasion, two criminal appeals have been filed and they were dismissed by this court. This is the third criminal appeal filed by the appellant.

4.Heard both sides.

5.Without going into the merits of the case, this criminal appeal can be allowed on the simple ground that the appellant was arrested and remanded to judicial custody, on 31/10/2022. On that account, whether, the final report has been filed or not, the learned Government Advocate (Criminal side) was required to inform the court. The learned Government Advocate (Criminal side) informed the court that even though the investigation is in the final stage, final report has not been filed so far and they are waiting for DNA report.

6.Since the appellant is in custody for more than 90 days, he is entitled for statutory bail. On that sole ground, without going into the other aspects, this court is inclined to allow the criminal appeal by setting aside the order, dated 05/01/2023 passed in Crl.M.P No.3 of 2023 in Crime No.392 of 2022 on the file of the Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni.

7.Accordingly, the appellant is ordered to be released on bail on his executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act cases, Theni and on further condition that the appellant shall stay at Madurai and report before the Inspector of Police, Tallakulam Police Station daily at 10.30 am until further orders.

8.After passing of this order, the learned counsel appearing for the 3rd respondent/De-facto complainant would submit that the appellant belongs to dominant community and the victim girl is a single lady with two children and because of that, the appellant may create problem to the victim girl. So on that account, protection may be granted to the victim girl.

9.This criminal appeal has been preferred against the order of dismissal passed by the trial court. If the victim girl wants any protection, she can very well approach the concerned court for proper remedy.