Madras High Court
Vignesh vs The State Rep. By on 1 April, 2021
Crl.A.(MD)No.150 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 01.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.150 of 2021
1.Vignesh
2.Esakkiraja
3.Vignesh
4.Sooriya .. Appellants
Vs.
1.The State rep. by,
The Deputy Superintendent of Police,
Puliyankudi,
Tirunelveli District.
2.The Inspector of Police,
Sernthamaram Police Station,
Crime No.71 of 2021.
3.Mariselvam .. Respondents
Prayer : This Criminal Appeal filed under Section 14(A)(2) of Scheduled
Castes/Scheduled Tribes Act, 1989 as amended by Act, 1 of 2016, to call for the
records relating to the impugned order dated 15.03.2021 made in Cr.M.P.No.459 of
2021 on the file of the II Additional Sessions Judge(FAC), Tirunelveli and to set
aside the same and consequently to release the appellant on bail on the same in
connection with the FIR in Crime No.71 of 2021 on the file of the second respondent
police.
1/6
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Crl.A.(MD)No.150 of 2021
For Appellants : Mr.S.Alagusundar
For Respondents 1 and 2 : Mr.S.Chandrasekar
Additional Public Prosecutor
For 3rd Respondent : Mr.P.Pethu Rajesh
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.459
of 2021 dated 15.03.2021, on the file of the learned II Additional Sessions Judge
(FAC), Tirunelveli and to enlarge the appellants on bail.
2.The case against the appellants is that due to previous enmity, on
02.03.2021, the appellants and others formed into an unlawful assembly with
weapons and attacked the defacto complainant and another and caused them injuries
and they also threatened them with dire consequences. Hence, a case was registered
against the appellants in Crime No.71 of 2021 under Sections 147, 148, 294(b), 323
324 and 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act. The appellants have filed a bail
petition in Crl.M.P.No.459 of 2021 before the learned II Additional Sessions
Judge(FAC), Tirunelveli. The petition was dismissed by the learned Judge on
15.03.2021. Against the same, the appellants have preferred the present appeal.
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Crl.A.(MD)No.150 of 2021
3.On the side of the appellants, it is stated that all the injured are already
discharged from the hospital. There is no previous case against the appellants. The
appellants are in custody for the past 25 days and the appellants are ready to comply
any condition imposed by this Court and prayed the appellants to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that the injured were
discharged from the hospital. There is life threat for the defacto complainant from
unknown call numbers. There is a likelihood of communal clash in the locality and
prayed the petition to be dismissed.
5.On the side of the third respondent, it is stated that there is life threat for
the complainant and his family. Except life threat, there is no serious objection on
the side of the third respondent.
6.It is seen that there is previous enmity between two group in the
particular locality. The appellants are in custody for the past 25 days. The injured
were already discharged from the hospital. Hence, this Court is inclined to release
the appellants on bail on the following conditions:
(i) the appellants shall execute a bond for a sum of Rs.
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Crl.A.(MD)No.150 of 2021
10,000/- (Rupees ten thousand only) with two sureties, of
whom, one should be a blood relative, each for a like sum
to the satisfaction of the learned II Additional Sessions
Judge (FAC), Tirunelveli.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned II
Additional Sessions Judge (FAC), Tirunelveli, may obtain
a copy of any valid identity proof to ensure their identity.
(iii) On release, the appellants shall reside in Madurai and to
sign before the South Gate Police Station daily once at
10:30 a.m., and not to enter Tenkasi District until further
orders.
(iv) the appellants shall not tamper with evidence or witness
either during investigation or trial.
(v) the appellants shall cooperate with the investigation and
the appellants shall appear before the second respondent
and Court both during investigation and trial, as and when
required.
(vi) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate
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Crl.A.(MD)No.150 of 2021
action against the appellants in accordance with law as if
the conditions have been imposed and the appellants
released on bail by the learned Magistrate/Trial Court
himself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
01.04.2021
Index : Yes/No
Internet : Yes/No
Mrn
Note : In view of the present lock down owing to COVID – 19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The II Additional Sessions Judge(FAC),
Tirunelveli.
2.The Deputy Superintendent of Police,
Puliyankudi,
Tirunelveli District.
3.The Inspector of Police,
Sernthamaram Police Station,
4.The Sub Jail,
Srivaikundam.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.150 of 2021
R.THARANI, J.
MRN
Crl.A.(MD)No.150 of 2021
01.04.2021
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