Madras High Court
M.Shanmugadurai vs The Deputy Superintendent Of ... on 7 December, 2021
Crl. A.No. 492 of 2021
BEFORE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 07.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl. A.No. 492 of 2021
M.Shanmugadurai ... Appellant/Petitioner/Accused
-Vs-
1.The Deputy Superintendent of Police,
Palayamkottai, Tirunelveli,
Tirunelveli District
2.State rep by Inspector of Police,
Seevalaperi Police Station,
Tirunelveli District
(Crime No.200 of 2021) ... Respondents 1 & 2/Respondents/
Complainants
rd
3.Selvakumar ... 3 Respondent/Respndent/Defacto
Complaianant
PRAYER: Criminal Appeal is filed under Section 14-A(2) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities0 Act,1989 (Amendment Act) 1 of
2016 to set aside the order passed in Cr.M.P.No.982 of 2021 dated 12.11.2021 on
the file of the II Additional District Court (For PCR Act cases), Tirunelveli and
allow the criminal appeal and enlarge the appellants on bail concerned in Crime
No.200 of 2021 on the file of the second respondent police.
For Appellant : Mr.R.Anand
For R1 & R2 : Mr.R.Suresh Kumar
Government Advocate
For R3 : No appearance
1/7
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Crl. A.No. 492 of 2021
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Cr.M.P.No.982 of 2021 dated 12.11.2021 on the file of the II Additional District
Court (For PCR Act cases), Tirunelveli and enlarge the appellant on bail in Crime
No.200 of 2021 on the file of the second respondent police.
2. The case against the appellant is that on 27.10.2021, the appellant
humiliated the defacto complainant by uttering his caste's name, abused him in
filthy language, assaulted him and caused him injuries. The case in Crime No.200
2021 was registered against the appellant for the offences under Sections 294(b),
324, 307, 427 and 506(ii) IPC r/w under Section 3(1)(r), 3(1)(s), and 3(2)(va) of
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. The appellant was arrested on 27.07.2021 and he filed a bail petition before
the learned II Additional Sessions Judge, Tirunelveli in Cr.M.P.No.982 of 2021
and the said petition was dismissed by the lower court against which the present
appeal is filed by the appellant.
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Crl. A.No. 492 of 2021
3. On the side of the appellant, it is stated that the defacto complainant
appeared before the trial court and submitted that he has no objection in releasing
the appellant on bail and in paragraph No. 5 of the impugned order, the trial court
has mentioned the same. The trial court dismissed the bail petition only because
the petitioner is having 6 previous cases and the appellant is in custody for the
past 42 days and there was no injury caused on the defacto complainant and
prayed the appellant to be released on bail.
4. On the side of the prosecution, it is stated that injured was discharged
from the hospital. The appellant is a history sheeted person and H.S.No.17 of
2019 was maintained against the appellant and he is having 6 previous cases and
the prosecution has objected to the release of the appellant.
5. Though notice has been served and the name of the third
respondent/defacto complainant has been printed in the cause list, none appeared
on behalf of the third respondent.
6. It is seen that the appellant is in custody for the past 42 days and major
portion of investigation might have been completed by this time. It is also seen
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Crl. A.No. 492 of 2021
that the defacto complainant was having no objection in the release of he
appellant. Considering the period of incarceration and considering the fact that
there was no objection on the side of the defacto complainant, this Court is
inclined to release the appellant on bail.
7. In the above circumstances, the appellant is entitled for bail under
Section 167 (2) of Cr.P.C. 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
sureties, of whom, one should be a blood relative, each
for a like sum to the satisfaction of the II Additional
District Court (For PCR Act cases), Tirunelveli.
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and II Additional
District Court (For PCR Act cases), Tirunelveli , may
obtain a copy of any valid identity proof to ensure their
identity.
(iii) On release, the appellant should sign before the second
respondent police, daily at 10:30 a.m, until further
orders.
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Crl. A.No. 492 of 2021
(iv) the appellant shall not tamper with evidence or witness
either during investigation or trial.
(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.
(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].
07.12.2021
Internet : Yes / No
Index : Yes / No
CM
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:
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Crl. A.No. 492 of 2021
1.The II Additional District Court (For PCR Act cases), Tirunelveli
2. The Deputy Superintendent of Police,
Palayamkottai, Tirunelveli,
Tirunelveli District
3.The Inspector of Police,
Seevalaperi Police Station,
Tirunelveli District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.No. 492 of 2021
R.THARANI, J.
CM
Crl. A.No. 492 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
