Madras High Court
Pasupathi vs The Deputy Superintendent Of ... on 1 December, 2021
Crl.A.(MD)No.480 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 01.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.480 of 2021
Pasupathi .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
2.The Inspector of Police,
Thiruppalaikudi Police Station,
Ramanathapuram District.
In Crime No.209 of 2021.
3.Arnpandiyan
4.Alexpandiyan .. Respondents
Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled
Caste/Scheduled Tribes Act, 1989, as amended by Act 1 of 2016, to call for
the records in Crl.M.P.No.669 of 2021, passed by the Sessions Judge, Special
Court for Trial of Cases Registered under SC / ST (POA) Act, 1989,
Ramanathapuram, in Crime No.209 of 2021, for the offence under Sections
1/6
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Crl.A.(MD)No.480 of 2021
341, 294(b), 323, 324 I.P.C r/w. Section 3(1)(r), 3(1)(s) of SC/ST (POA) Act,
2015, on the file of the respondent police and to set aside the same as illegal
and to grant bail to the appellant.
For Appellant : Mr.D.Balamurugapandi
For R1 and R2 : Mr.K.Sanjay Gandhi
Government Advocate
For R3 and R4 : Mr.I.Kannan
JUDGMENT
This appeal has been filed to set aside the order in Crl.M.P.No.669
of 2021, passed by the Sessions Judge, Special Court for Trial of Cases
Registered under SC / ST (POA) Act, 1989, Ramanathapuram and to grant
bail to the appellant.
2. A case in Crime No.209 of 2021, was registered against the
appellant under Sections 341, 294(b), 323, 324 I.P.C r/w. Section 3(1)(r), 3(1)
(s) of SC/ST (POA) Act, by the second respondent Police. The appellant was
arrested on 05.11.2021 and he filed a bail petition in Crl.M.P.No.669 of 2021,
before the Special Court. That petition was dismissed on 11.11.2021. Against
which, the appellant has preferred this appeal.
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Crl.A.(MD)No.480 of 2021
3. On the side of the appellant, it is stated that the appellant advised
the complainant and others not to take a liquor infront of a temple and the
matter is likely to be settled between the parties. The injured persons were
discharged. The appellant is in custody for the past 20 days and prayed the
appellant to be let out on bail.
4. On the side of the prosecution, it is stated that the appellant is the
sole accused in the case. There is no previous case against the appellant. The
injured persons were discharged from Hospital.
5. On the side of the private respondents / R3 and R4, it is stated
that the matter is likely to be settled between the parties and the respondents
have no serious objection in releasing the appellant on bail.
6. In view of the submissions made by the both side counsel, this
Court is inclined to release the appellant on bail with certain conditions.
Hence, this Criminal Appeal is allowed and the appellant is ordered to be
released on bail on the following conditions:
(i) the appellant shall execute a bond for a sum of
Rs.10,000/- (Rupees ten thousand only) with two
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Crl.A.(MD)No.480 of 2021
sureties, of whom, one should be a blood relative,
each for a like sum to the satisfaction of the
Sessions Judge, Special Court for Trial of Cases
Registered under SC / ST (POA) Act, 1989,
Ramanathapuram.
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
Sessions Judge, Special Court for Trial of Cases
Registered under SC / ST (POA) Act, 1989,
Ramanathapuram , may obtain a copy of any valid
identity proof to ensure their identity.
(iii) On release, the appellant shall appear before the
concerned Court daily at 10.30 a.m, for a period of
15 days and thereafter, he has to appear before the
trial Court on all hearing dates and as and when
required by the respondent and the Court
(iv) the appellant shall not tamper with evidence or
witness
(v) the appellant shall cooperate with the investigation
and the appellant shall appear before the second
respondent and Court both during investigation and
trial, as and when required.
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Crl.A.(MD)No.480 of 2021
(vi) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take
appropriate action against the appellant in
accordance with law as if the conditions have been
imposed and the appellant 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].
01.12.2021
Index : Yes/No
Internet : Yes/No
Ls
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.
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Crl.A.(MD)No.480 of 2021
R.THARANI, J.
Ls
To
1.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
2.The Inspector of Police,
Thiruppalaikudi Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.480 of 2021
01.12.2021
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