Madras High Court
Ajay vs The Deputy Superintendent Of ... on 23 December, 2021
Crl. A.(MD)No.508 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 23.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.508 of 2021
Ajay .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Sivagangai Sub Division Circle,
Madurai District.
2.The State Rep. by
The Inspector of Police,
Elayankudi Police Station,
Sivagangai District.
Crime No.454 of 2021
3.Sangupandi .. Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the the Schedule
Castes and Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the
records pertaining to the order passed in Cr.M.P.No.1608 of 2021 in Crime No.454
of 2021 on the file of the Special Court for Exclusive Trial of Cases under SC/ST
(POA) Act, Sivagangai dated 02.12.2021 and to set aside the same and enlarge the
appellant on bail.
1/6
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Crl. A.(MD)No.508 of 2021
For Appellant : Mr.M.Jegadeesh Pandian
For Respondents 1 and 2 : Mr.K.Sanjay Gandhi,
Government Advocate
For 3rd Respondent : No appearance
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.1608
of 2021 in Crime No.454 of 2021 dated 02.12.2021, on the file of the Special Court
for Exclusive Trial of Cases under SC/ST (POA) Act, Sivagangai.
2.The case against the appellant is that on 01.11.2021, the appellant
damaged a name board and he threatened the defacto complainant with a knife and
insulted the defacto complainant and others by mentioning their caste name. A case
was registered against the appellant in Crime No.454 of 2021 for the offence under
Sections 427, 294(b), 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (POA)
Amendment Act, 2015. The appellant surrendered on 09.11.2021. Subsequently, the
appellant filed a bail petition in Cr.M.P.No.1608 of 2021 before the Special Court
for Exclusive Trial of Cases under SC/ST (POA) Act, Sivagangai. The learned Judge
dismissed the petition. Against which, the appellant preferred this appeal before this
Court.
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Crl. A.(MD)No.508 of 2021
3.On the side of the appellant, it is stated that there was no injury caused to
anybody. Only a wordy quarrel was coloured as a criminal case and prayed the
appeal to be allowed.
4.On the side of the respondents 1 and 2, it is stated that the appellant is a
history sheeted rowdy. A history sheet in HS.No.61 of 2021 has been maintained as
against the appellant. The appellant surrendered on 09.11.2021. He is having one
previous case of similar nature in Crime No.402 of 2021 and prayed the appeal to be
dismissed.
5. Though notice was served on the third respondent and the name was
printed in the cause list, none appears for the third respondent.
6.It is seen that the appellant is in custody for the past 43 days.
Considering the age of the appellant and considering the period of incarceration, this
Court is inclined to grant bail to the appellant. Hence, the Criminal Appeal is
allowed and the Appellant is ordered to be released on bail, subject to the following
conditions:
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Crl. A.(MD)No.508 of 2021
(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 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 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 appellant shall appear before the second
respondent daily at 10:30 a.m, until further orders.
(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 Trial
Court is entitled to take appropriate action against the
appellant in accordance with law as if the conditions have
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Crl. A.(MD)No.508 of 2021
been imposed and the appellant released on bail by the
Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
23.12.2021
Index : Yes/No
Internet : Yes/No
mbi
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
1.The Special Court for Exclusive Trial of Cases
under SC/ST (POA) Act, Sivagangai
2.The Deputy Superintendent of Police,
Sivagangai Sub Division Circle,
Madurai District.
3.The Inspector of Police,
Elayankudi Police Station,
Sivagangai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.508 of 2021
R.THARANI, J.
mbi
Crl. A.(MD)No.508 of 2021
23.12.2021
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