Madras High Court
Mariappan vs The State Represented By on 6 December, 2021
CRL.A.No.550 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.12.2021
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.A.No.550 of 2021
Mariappan
S/o, Madhaiyan ... Appellant
Versus
1. The State represented by
The Inspector of Police,
Poolampatty Police Station,
Salem District.
2. Jothiswaran
S/o, Abimannan
[R2 impleaded as per order in
Crl.M.P.No.12325 of 2021 in
Crl.A.550 of 2021 dated 26.11.2021] ... Respondents
PRAYER: Criminal Appeal filed under Section 14(A)(II) of SC/ST
(POA) Amended Act-2015, to set aside the order passed in
Crl.M.P.No.4048 of 2021 dated 02.11.2021 on the file of the Principal
Sessions Judge, Salem (Special Court for Exclusive Trial of Cases
Registered under the SC/ST (POA) Act, 1989), Salem, by allowing the
present Criminal Appeal.
Page No.1 of 10
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CRL.A.No.550 of 2021
For Appellant : Mr.T.N.Rangesh Kanna
For R1 : Mr.S.Sugendran
Government Advocate (Crl.Side)
For R2 : No appearance
JUDGMENT
This appeal has been filed against the order dated 02.11.2021
dismissing the application for bail in Crl.M.P.No.4048 of 2021 on the file
of the learned Principal Sessions Judge,(Special Court for Exclusive Trial
of Cases Registered under the SC/ST (POA) Act, 1989), Salem.
2. Brief facts of the prosecution case as per the defacto
complainant Jotheeshwaran is that due to previous civil dispute, on
12.09.2021 at about 10 hours, when the defacto complainant was in his
agricultural land along with his mother, the accused has gone to the
defacto complainant's land and abused them with filthy language and
also abused them by calling their caste name and further had trespassed
into the property and had damaged the crops by running the tractor over
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CRL.A.No.550 of 2021
the land. When the defacto complainant and his mother had intervened,
the accused had pushed the defacto complainant's mother and kicked her.
Hence the complaint. Based on the complaint, case was registered by the
first respondent for the offences under sections 147, 294(b), 323 and 354
of IPC and 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities Act),
1989. The appellant was arrested on 26.09.2021. The appellant had filed
Crl.M.P.No.4048 of 2021 for bail before the Principal Sessions Judge,
Salem and the learned Judge, by an order dated 02.11.2021, dismissed
the bail application filed by the appellant, against which the present
Criminal Appeal has been filed.
3. Learned counsel for the appellant would submit that the
appellant is an innocent person and he has been falsely implicated as A5
in this case. He would further submit that the appellant is a friend of one
Balasubramani and there exists a civil dispute between the said
Balasubramani and the defacto complainant, Jotheeshwaran. The said
Balasubramani has taken the appellant along with his friends to his
agricultural land and at that time, four persons who are known to them,
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CRL.A.No.550 of 2021
had assaulted them with hands and also kicked them and also threatened
to do away with them. In the assault, A6-Karthik sustained grievous
injuries and he was admitted in the Government Hospital, Edapadi and
when he was taking treatment, on intimation, the respondent has
registered a case against the accused persons. Based on the complaint
given by the said Karthick, a case in Crime No.271 of 2021 has been
registered for the offence under sections 294(b), 323 and 506(i) IPC.
Only as a counter-blast, the said Jotheeshwaran had given a complaint
against the petitioner and his friends, which has been registered in Crime
No.270 of 2021. The appellant is in custody from 26.09.2021. In this
case, investigation is over and the alleged injured witness has been
discharged from the hospital. Hence, he would seek to allow the appeal
and setaside the order passed by the learned Principal Sessions Judge,
Salem and to grant bail to the petitioner.
4. Mr.S.Sugendran, learned Government Advocate, (Criminal Side)
appearing for the first respondent would submit that it is a civil dispute
between the parties and the accused have abused the defacto complainant
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CRL.A.No.550 of 2021
and his mother calling them by their caste name and assaulted them with
hands and legs. He would submit that the injured has been discharged
from the hospital and he would further submit that on the complaint
given by the 6th accused in this case, a case in Crime No.271 of 2021 has
been registered against the counter parties. He would further submit that
investigation is still pending.
5. Though notice has been served on the second respondent and
also his name printed in the list, there is no representation for the second
respondent.
6. Heard the counsels.
7. Taking into consideration of the facts and the submissions made
and that this is a counter case and also that injured persons have been
discharged from the Hospital, this Court is inclined to grant bail to the
appellant/accused.
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CRL.A.No.550 of 2021
(a) Accordingly, the appellant is ordered to be released on bail on
condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only), with two sureties, each for a like sum to the
satisfaction of the learned Principal District and Sessions Judge at
Salem, Special Court for Exclusive Trial of Cases Registered under
the SC/ST (POA) Act 1989, Salem, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned District and Sessions Judge
may obtain a copy of their Aadhar Card or Bank Pass Book to ensure
their identity;
(c) the appellant on his release from prison shall appear before
respondent police, daily at 10.30 a.m. for a period of two weeks and
thereafter, as and when required by the respondent police. The appellant
shall not leave the jurisdictional limits.
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CRL.A.No.550 of 2021
(d) the appellant shall not commit any offences of similar nature;
(e) the appellant shall not abscond during trial;
(f) the appellant shall not tamper with evidence or witness during
trial;
(g) on breach of any of the aforesaid conditions, the learned
Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered
under Section 229A IPC.
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CRL.A.No.550 of 2021
8. In the result, the Criminal Appeal is allowed. The order dated
02.11.2021 passed in Crl.M.P.No.4048 of 2021 on the file of the learned
Principal Sessions Judge,(Special Court for Exclusive Trial of Cases
Registered under the SC/ST (POA) Act, 1989), Salem is set aside.
06.12.2021
Index: Yes/No
Internet: Yes/No
mfa
Note: Issue Order Copy today (06.12.2021)
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CRL.A.No.550 of 2021
To
1. The Principal Sessions Judge,
Special Court for Exclusive Trial of Cases Registered under the SC/ST
(POA) Act, 1989, Salem.
2. The Inspector of Police,
Poolampatty Police Station,
Salem District.
3. The Public Prosecutor,
High Court, Madras.
4. The Record Keeper,
Criminal Section (Records),
High Court, Madras.
Copy to:
The Superintendent,
Central Prison,
Salem.
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CRL.A.No.550 of 2021
A.D.JAGADISH CHANDIRA, J.
mfa
CRL.A.No.550 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
