Madras High Court
M. Deva vs The Assistant Commissioner Of ... on 9 December, 2021
Crl.A.No.600 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA
Crl.A.No.600 of 2021
M. Deva .. Appellant
Vs.
1. The Assistant Commissioner of Police,
Avadi,
Tiruvallur District.
2. State Rep by,
The Inspector of Police,
T-6, Avadi Police Station,
Tiruvallur District.
Crime No.2005 of 2021.
3. M.Balaji .. Respondents
PRAYER: The Criminal Appeal is filed under Section 14 A(2) of SC/ST
(POA) Amended Act, to set aside the order passed in Crl.M.P. No.5049 of
2021 dated 17.11.2021 on the file of Principal District & Sessions Judge,
Thiruvallur District and enlarge the Appellant on bail in Crime No.2005 of
2021 on the file of respondent police.
For Appellant : Mr.M.Vignesh
For Respondents : Mr. S.Sugendran for R1& R2
Government Advocate(Crl.Side)
Mr.K.Balaji for R3
1/8
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Crl.A.No.600 of 2021
JUDGMENT
This Criminal Appeal has been filed against the dismissal of the bail
application by the learned Principal District and Sessions Judge, Tiruvallur
in Crl.M.P. No.5049 of 2021 dated 17.11.2021.
2. The case of the prosecution as per the defacto complainant is that
on 04.11.2021, at about 08.30 p.m., while he was going in his car to his
relatives house, 15 persons had blocked the road in inebriated condition and
were bursting crackers. They have waylaid the vehicle of the defacto
complainant and they have called him by his caste name and threatened him
saying that he should not come through their way by having a party flag in
the vehicle and saying so, they have assaulted him and also caused damage
to his car and also damaged the windshield of the car. On the complaint
given by the defacto complainant, a case in Crime No.2005/2021 was
registered by the respondent for the offences under sections 147, 341,
294(b), 324, 427 I.P.C. and 3(1)(r) and 3(1)(s) of the SC/ST, Prevention of
Atrocities Act, 1989. He would further submit that the appellant was
arrested on 05.11.2021 and remanded to the judicial custody on the same
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Crl.A.No.600 of 2021
day. The appellant had filed an application for bail in Crl.M.P.No.5049 of
2021 before the learned Principal District and Sessions Judge, Tiruvallur
and the learned Judge was pleased to dismiss it on 17.11.2021, against
which, the present appeal has been filed.
3.Learned counsel for the appellant would further submit that the
appellant is innocent and has been falsely implicated in this case. He would
further submit that the appellant along with his villagers were celebrating
Diwali and bursting crackers and at that time, the defacto complainant had
driven the vehicle in a rash and negligent manner in the village and when it
was questioned by them, false complaint has been given. He would further
submit that even as per the complaint, the occurrence is stated to have taken
place on Diwali day, while the accused was stated to have been bursting
crackers. The defacto complainant belongs to a particular political party and
he has falsely implicated the appellant and others using his political
influence. He would further submit that the appellant is in custody from
05.11.2021 and that major part of the investigation is also over.
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Crl.A.No.600 of 2021
4.The respondents 1 and 2 filed counter affidavit. Mr.S.Sugendran,
learned Government Advocate (Crl.Side) appearing for the first and second
respondents would submit that the defacto complaint belongs to a political
party and he had driven the vehicle with his party flag on the vehicle. The
accused, coming to know that the defacto complainant belongs to a
particular political party and community, had waylaid him, abused him by
calling his caste name and have assaulted him and also caused damage to
the vehicle. He would further submit that the appellant was arrested on
05.11.2021 and remanded to the judicial custody. The other accused have
absconded and the respondent is taking steps to secure them.
5.Mr.K.Balaji, learned counsel appearing for the intervenor/defacto
complainant would submit that the defacto complainant is a well known
person in the area. He belongs to schedule caste community and also
functionary of a political party. The accused knowing well that the defacto
complainant belongs to the particular community and the party, had waylaid
him and abused him by calling his caste name and also caused severe
damage to the vehicle. He would further submit that the value of the
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Crl.A.No.600 of 2021
damage of the car is more than Rs.25,000/-.
6. At this juncture, Mr.M.Vignesh, learned counsel for the appellant
would submit that the appellant without prejudice to his contentions is
prepared to deposit Rs.10,000/- and he has no objection in the amount being
paid to the defacto complainant.
7. Heard the learned counsel for the appellant, the learned
Government Advocate (crl side) appearing for the first and second
respondents and the learned counsel for the third respondent/defacto
complainant and perused the materials available on record.
8. Taking into consideration the facts and submissions that the
appellant has been arrested on 05.11.2021 and the investigation is also
pending, this Court is of the opinion that the appeal can be allowed and the
bail can be granted to the appellant.
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Crl.A.No.600 of 2021
9. In view of the above, the order dated 17.11.2021 passed in Crl.M.P.
No.5049 of 2021 stands set aside and the Criminal Appeal stands allowed
and this Court is inclined to grant bail to the appellant/accused.
(a) Accordingly, the appellant is ordered to be released on bail on
condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only), with two sureties, each for a like sum to the satisfaction
of the learned Principal District and Sessions Judge, Thiruvallur
District and on further conditions that:
(b) the appellant shall deposit Rs.10,000/- (Rupees Ten Thousand
only) to the credit of Crime No.2005 of 2021 and the amount shall be
disbursed to the defacto complainant by the concerned court.
(c) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Magistrate may obtain a copy
of their Aadhar Card or Bank Pass Book to ensure their identity;
(d) the appellant on his release from prison shall stay at
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Crl.A.No.600 of 2021
Cuddalore and appear before Cuddalore O.T Police station, everyday
at 10.30 a.m. until further orders. The appellant shall not enter into the
jurisdictional limits of the respondent police station.
(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.
09.12.2021
Note:Issue copy on 09.12.2021.
vri/shk
A.D. JAGADISH CHANDIRA,J
https://www.mhc.tn.gov.in/judis
Crl.A.No.600 of 2021
vri/shk
Copy to
1. Principal District & Sessions Judge,
Thiruvallur District
2. The Assistant Commissioner of Police,
Avadi,
Tiruvallur District.
3. The Inspector of Police,
T-6, Avadi Police Station,
Tiruvallur District.
Crime No.2005 of 2021.
4. The Public Prosecutor, High Court, Madras.
5. The Record Keeper, Criminal Section (Records), High Court, Madras.
Crl.A.No.600 of 2021
09.12.2021
https://www.mhc.tn.gov.in/judis
