Madras High Court
Thangasamy vs The Deputy Superintendent Of ... on 10 December, 2021
Crl.A.(MD)No.498 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 10.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.498 of 2021
1.Thangasamy
2.Thagavel @ Praveen .. Appellants
Vs.
State by
1.The Deputy Superintendent of Police,
Karaikudi Sub Division,
Sivagangai District.
2.The Inspector of Police,
Karaikudi South Police Station,
Sivagangai District.
In Crime No.451 of 2021.
3.Ajithkumar .. Respondents
Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled
Caste/Scheduled Tribes Act, 1989, as amended by Act 1 of 2015, to call for
the records and to set aside the order passed in Cr.M.P.No.1552 of 2021,
dated 23.11.2021, by the Special Court for Exclusive Trial of cases under SC /
ST (POA) Act, 1989, Sivagangai, and to enlarge the appellants on bail in
connection with the case in Crime No.451 of 2021, on the file of the second
respondent police.
1/6
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.498 of 2021
For Appellants : Mr.R.Balamuruganantham
For Respondents 1 and 2 : Mr.K.Sanjay Gandhi
Government Advocate
For R3 : No appearance
JUDGMENT
This appeal has been filed to set aside the order passed in
Cr.M.P.No.1552 of 2021, dated 23.11.2021, by the Special Court for
Exclusive Trial of cases under SC / ST (POA) Act, 1989, Sivagangai, and to
enlarge the appellants on bail.
2. A case against the appellant is that the appellants assaulted the
defacto complainant with stones and caused him injuries and the appellants
humiliated the defacto complainant by uttering his caste name. A case in
Crime No.451 of 2021 was registered against the appellants under Sections
294(b), 324, 506(ii) of IPC and Sections 3(1) (r) and 3(1)(s) of the Scheduled
caste and the Scheduled Tribes (POA) Act by the second respondent Police
and the appellants were arrested and they filed a bail petition in Cr.M.P.No.
1552 of 2021, before the Special Court for Exclusive Trial of cases under SC /
ST (POA) Act, 1989, Sivagangai. That petition was dismissed on 23.11.2021.
Against which, the appellants have preferred this appeal.
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Crl.A.(MD)No.498 of 2021
3. On the side of the appellants, it is stated that the appellants are in
custody for the past 49 days. Injured was discharged from the hospital. The
first accused was already released on bail by the trial Court. Injuries are
simple in nature. The defacto complainant has lodged this case only on the
instigation of a third person and the uncle of the appellants died today and
prayed the appellants to be released on bail.
4. On the side of the prosecution, it is stated that the first appellant
is having four previous cases, including one similar case. The second
appellant is having five previous cases, including one similar case. The
investigation is pending and prayed the appeal to be dismissed.
5.Though notice was served on the third respondent, name of the
third respondent was printed in the cause list, none appears on behalf of the
third respondent.
6. On the side of the prosecution, it is admitted that the first accused
was released on bail by the trial Court. It is admitted that the injured was
discharged from the hospital and the injury is simple in nature.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.498 of 2021
7. The appellants are in custody for the past 49 days. Considering
the nature of the offence and considering the period of incarceration, this
Court is inclined to release the appellants on bail. Hence, this Criminal
Appeal is allowed and the appellants are ordered to be released on bail on 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 the Special Court for Exclusive Trial of cases
under SC / ST (POA) Act, Sivagangai.
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the the
Special Court for Exclusive Trial of cases under SC
/ ST (POA) Act, Sivagangai, may obtain a copy of
any valid identity proof to ensure their identity.
(iii) On release, the appellants shall appear before the
Special Court for Exclusive Trial of cases under
SC / ST (POA) Act, Sivagangai, daily at 10:30 a.m,
until further orders.
(iv) the appellants shall not tamper with evidence or
witness either during investigation or trial.
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Crl.A.(MD)No.498 of 2021
(v) the appellants shall cooperate with the
investigation and the appellants 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 appellants in
accordance with law as if the conditions have been
imposed and the appellants 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].
10.12.2021
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.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.498 of 2021
R.THARANI, J.
Ls
To
1.The the Special Court for Exclusive Trial of cases
under SC / ST (POA) Act, 1989,
Sivagangai,
2.The Deputy Superintendent of Police,
Karaikudi Sub Division,
Sivagangai District.
3.The Inspector of Police,
Karaikudi South Police Station,
Sivagangai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.498 of 2021
10.12.2021
https://www.mhc.tn.gov.in/judis
