A single-judge bench of the Madras High Court comprising of Justice G. Ilangovan allowed a criminal appeal filed by the appellant requesting bail on the basis of the contention that he has been falsely implicated by the prosecution after a dispute which arose between the respondent and him. The court considers the past record, that is the dispute, into consideration and allowed the bail subject to certain terms and conditions.
Brief Facts:
The case of the prosecution is that the appellant along with the other accused has illegally sold the liquor bottles and that is why a complaint was raised in the trial court. The appellant moved a bail application before the Special Court for Trial of Cases under SC/ST (POA) Act, Theni in Crl.M.P.No.1358 of 2022 and the same was dismissed on 15.12.2022, on the ground that the appellant has illegally sold the liquor bottles and he is having three previous cases. This Criminal Appeal has been filed by the appellants to call for the records relating to the order dated 15.12.2022 made in Cr.M.P.No.1358 of 2022 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni and set aside the same.
Contentions of the Appellant:
The learned counsel for the appellant submitted that the appellant has been falsely implicated in this case and that the appellant is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the appellant is in custody from 26.10.2022 onwards and also submitted that regular bail was granted to the co-accused by the trial Court.
Contentions of the Prosecution/Respondent:
Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that bail was granted to the co-accused by the trial Court and also submitted that it is a case in counter case.
Observations of the Court:
The court went through both the FIRs and observed that on the particular date of the occurrence, a dispute arose between the appellant and the defacto complainant with regard to informing the police about the illegal selling of arrack by the appellant, in which both of them attacked each other and sustained injuries. Considering the above facts and circumstances of the case, the court held that grant of bail to the co-accused by the trial Court and also the fact that the appellant is in judicial custody from 26.10.2022, the Criminal Appeal must be allowed by setting aside the order, dated 15.12.2022 made in Crl.M.P.No.1358 of 2022 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.
Decision of the Court:
The Criminal Appeal was allowed and the order dated 15.12.2022 made in Crl.M.P.No.1358 of 2022 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, was set aside. The appellant was ordered to be released on bail subject to certain conditions.
Case Title: Prabhakaran vs State represented by The DSP and anr.
Coram: Mr. Justice G. Ilangovan
Case No.: Crl. A. (MD)No.20 of 2023
Advocate for the Appellant: Mr. P. Athimoolapandian
Advocate for the Respondents: Mr. B. Nambiselvan (For R1 and R2);Mr. Yasar Arafath (For R3)
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