Madras High Court
Gunasekaran @ Guna vs State Through on 11 August, 2021
Crl.A(MD)No.309 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.309 of 2021
1.Gunasekaran @ Guna
2.Pratheesh @ Peruvali ... Appellants/Accused Nos.3&4
Vs.
1.State through
The Deputy Superintendent of Police,
Palani Sub Division,
Palani,
Dindigul District.
2.The Inspector of Police,
Palani Adivaram Police Station,
Palani.
(Cr.No.441 of 2020) ...1st & 2nd Respondents/Complainants
3.S.Anand ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (POA) Act, Amendment on 2015, to allow this
Criminal Appeal preferred by these appellants and set aside their bail
dismissal order passed by the Sessions Judge (Special Court for SC/ST (POA)
Act Cases), Dindigul in Crl.M.P.No.253 of 2021, dated 06.03.2020.
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Crl.A(MD)No.309 of 2021
For Appellants : Mr.J.William Christopher
For R-1 & R-2 : Mr.RMS.Sethuraman
Counsel for State Government (Crl.side)
For R3 : No Appearance
JUDGMENT
Heard Mr.J.William Christopher, learned counsel appearing for the
appellants and Mr.RMS.Sethuraman, learned counsel appearing for State
Government (Crl.side). No representation 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.253 of 2021 on the file of the learned
Sessions Judge (Special Court for SC/ST (POA) Act Cases), Dindigul, dated
06.03.2020.
3.The Appellants, who arrested and remanded to judicial custody
on 14.07.2020 and 15.07.2020 respectively, for the offences punishable under
Sections 147, 148, 341, 307, 302 IPC and Section 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the file
of the respondent police, seek appeal bail.
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Crl.A(MD)No.309 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
14.07.2020 and 15.07.2020 respectively 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 A3 & A4. He would further submit
that if the appellants/ A3 & A4 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 06.03.2020 made in Crl.M.P.No.253 of 2021 on the file of the learned
Sessions Judge (Special Court for SC/ST (POA) Act Cases), Dindigul.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
06.03.2020 made in Crl.M.P.No.253 of 2021 on the file of the learned
Sessions Judge (Special Court for SC/ST (POA) Act Cases), Dindigul, is set
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Crl.A(MD)No.309 of 2021
aside. The 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 Sessions Judge
(Special Court for SC/ST (POA) Act Cases), Dindigul, and on further
condition that:
[a] the appellants shall appear before the concerned
court, daily 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].
11.08.2021
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.309 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 Sessions Judge,
Special Court for SC/ST (POA) Act Cases,
Dindigul.
2.The Deputy Superintendent of Police,
Palani Sub Division,
Palani,
Dindigul District.
3.The Inspector of Police,
Palani Adivaram Police Station,
Palani.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.309 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.309 of 2021
11.08.2021
https://www.mhc.tn.gov.in/judis/
