Madras High Court
[email protected] vs The State Rep. By on 2 August, 2021
Crl.A(MD)No.302 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.302 of 2021
[email protected]
2.Sathiyamoorthi ... Appellants/Accused Nos.1&2
Vs.
1.The State Rep. by
The Deputy Superintendent of Police,
Mannarkudi Sub Division,
Thiruvarur District.
2.The Inspector of Police,
Paravakkottai Police Station,
Thiruvarur District.
(Cr.No.533 of 2021) ...1st & 2nd Respondents/Complainants
3.Praveen ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act) of 2014 Amendment by 1/2016,
to set aside the order made in Crl.M.P.No.283 of 2021 on the file of the I
Additional District and Sessions Judge (PCR) Court, Thanjavur, dated
13.07.2021 and allowed the appeal and enlarge the appellants on bail.
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Crl.A(MD)No.302 of 2021
For Appellants : Mr.B.Jameel Arasu
For R-1 & R-2 : Mr.RMS.Sethuraman
Counsel for State Government (Crl.side)
For R3 : Mr.V.Selvakumar
JUDGMENT
Heard Mr.B.Jameel Arasu, learned counsel appearing for the
appellants and Mr.RMS.Sethuraman, learned counsel appearing for State
Government (Crl.side) and Mr.V.Selvakumar, learned counsel appearing for
the third respondent.
2.This Criminal Appeal has been filed to set aside the dismissal
order of the bail petition in Crl.M.P.No.283 of 2021 on the file of the learned
I Additional District & Sessions Judge (PCR), Thanjavur, dated 13.07.2021.
3.The Appellants, who arrested and remanded to judicial custody
on 21.06.2021, for the offences punishable under Sections 147, 148, 294(b),
324, 506(ii) IPC r/w Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, on the file of the respondent
police, seek appeal bail.
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Crl.A(MD)No.302 of 2021
4.The learned counsel appearing for the appellants would submit
that the appellants have been falsely implicated in this case and the same has
not been considered properly and the appellants are in custody from
21.06.2021 onwards.
5.Mr.RMS.Sethuraman, learned counsel for State Government
(Crl.side) appearing for the respondent police, on instructions, would submit
that the appellants herein are arrayed as A1 & A2. He would further submit
that if the appellants/A1 & A2 are released on bail, they will tamper with the
prosecution witnesses and hamper the investigation and therefore, he objected
to grant bail to the appellants.
6.Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 13.07.2021 made in Crl.M.P.No.283 of 2021 on the file of the learned I
Additional District & Sessions Judge (PCR), Thanjavur.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
13.07.2021 made in Crl.M.P.No.283 of 2021 on the file of the learned I
Additional District & Sessions Judge (PCR), Thanjavur, is set aside. The
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Crl.A(MD)No.302 of 2021
appellants are ordered to be released on bail on their executing a bond for a
sum of Rs.10,000/- each (Rupees Ten Thousand Only) with two sureties each
for a like sum to the satisfaction of the learned I Additional District &
Sessions Judge (PCR), Thanjavur, and on further condition that:
[a] the appellants shall appear before the concerned
court, once in a week i.e. on the first working day of every
week at 10.30 a.m. until further orders;
[b] the appellants shall not tamper with evidence or
witness either during investigation or trial;
[c] the appellants shall not abscond either during
investigation or trial;
[d] On breach of any of the aforesaid conditions,
the Trial Court is entitled to take appropriate action against
the appellants in accordance with law, as if the conditions
have been imposed and the appellants released on bail by the
Trial Court itelf as laid down by the Hon'ble Supreme Court
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
02.08.2021
Index : Yes/No
Internet : Yes/No
vsd
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Crl.A(MD)No.302 of 2021
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 Deputy Superintendent of Police,
Mannarkudi Sub Division,
Thiruvarur District.
2.The Inspector of Police,
Paravakkottai Police Station,
Thiruvarur District.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.302 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.302 of 2021
02.08.2021
https://www.mhc.tn.gov.in/judis/
