Madras High Court
Murugan vs The Deputy Superintendent Of ... on 2 December, 2021
Crl. A.(MD)No.481 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 02.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.481 of 2021
1.Murugan
2.Silambarasan
3.Kumar @ Chandrakumar .. Appellants
Vs.
1.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
2.The Inspector of Police,
Thiruppalaikudi Police Station,
Ramnathapuram District.
(Crime No.210 of 2021)
3.Pasupathi Pandian
4.Muniyasamy .. Respondents
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Act, 1989 and Section 1 of
Amendment Act, 2016, to call for the records order in Crl.M.P.No.668 of 2021
passed by the Sessions Judge, Special Court for trial of Cases registered under
SC/ST (POA) Act, 1989, Ramanathapuram, dated 11.11.2021 in Crime No.210 of
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.481 of 2021
2021 offence under Sections 147, 148, 294(b), 452, 323, 324 and 506(ii) of IPC and
Section 3(1)(r), 3(1)(s) of SC/ST Act (POA) Amendment Act, 2015 on the file of the
second respondent police and to set aside the same as illegal and to grant bail to
appellants/accused no.4 to 6 in Crime No.210 of 2021 on the file of the second
respondent Police.
For Appellant : Mr.D.Balamurugapandi
For Respondents 1 and 2 : Mr.K.Sanjay Gandhi
Government Advocate
For Respondents 3 and 4 : No Appearance
JUDGMENT
This appeal has been filed to set aside the order in Crl.M.P.No.668 of
2021, dated 11.11.2021, on the file of the learned Sessions Judge, Special Court for
trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram.
2.The case against the appellants is that the appellants insulted the defacto
complainant in filthy language by uttering his caste name and beaten the defacto
complainant and his brother and due to which, they sustained injuries. A case in
Crime No.210 of 2021 under Sections 147, 148, 294(b), 452, 323, 324 and 506(ii) of
IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Act, was registered against the
appellants. The appellants have filed a bail application in Crl.M.P.No.668 of 2021
before the learned Sessions Judge, Special Court for trial of Cases registered under
SC/ST (POA) Act, Ramanathapuram. That petition was dismissed by the trial Court
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.481 of 2021
on 11.11.2021. Against the same, the appellants have preferred this Criminal Appeal.
3.On the side of the appellants, it is stated that at the time of occurrence,
the victim and defacto complainant were eve-teasing the girls. As the appellants
questioned the same, this false case was foisted against the appellants. The injured
persons were discharged from the hospital. There is a counter case also pending and
prayed the appellants to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that totally six accused
involved in the occurrence. The appellants are A4, A5 and A6. There is a counter
case pending and the injured persons were discharged from the hospital and prayed
the appeal to be dismissed.
5.Though the name of the private respondents were printed in the cause
list, none appears on behalf of them.
6.It is seen that the appellants are in custody for the past 26 days and
considering the period of incarceration and considering the pendency of counter case
pending against the defacto complainant and considering the fact that the injured
persons were discharged from the hospital, this Court is inclined to release the
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.481 of 2021
appellants on bail. Hence, the Criminal Appeal is allowed and the appellants are
ordered to be released on bail, subject to the following conditions:
(i) the appellants shall execute a bond for a sum of Rs.
10,000/- (Rupees ten thousand only) each with two
sureties, of whom, one should be a blood relative, each for
a like sum to the satisfaction of the learned 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 learned Sessions
Judge, Special Court for trial of Cases registered under
SC/ST (POA) Act, 1989, Ramanathapuram may obtain a
copy of their valid identity card to ensure their identity.
(iii) On release, the appellants shall appear before the
Thiruppalaikudi Town Police Station daily once at 10:30
a.m., 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.
(vi) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.481 of 2021
action against the appellants 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].
02.12.2021
Index : Yes/No
Internet : Yes/No
TM/Mrn
To
1.The Sessions Judge,
Special Court for trial of Cases registered under SC/ST (POA) Act,
Ramanathapuram.
2.The Deputy Superintendent of Police,
Thiruvadanai,
Ramanathapuram District.
3.The Superintendent of Prison,
Sub Jail, Paramakudi, Ramanathapuram.
4.The Inspector of Police,
Thiruppalaikudi Police Station,
Ramnathapuram District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.481 of 2021
R.THARANI, J.
Mrn
Crl. A.(MD)No.481 of 2021
02.12.2021
https://www.mhc.tn.gov.in/judis
