Madras High Court
Akkammal vs State Rep. By on 3 February, 2021
Crl. A.(MD)No.30 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 03.02.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.30 of 2021
Akkammal .. Appellant
Vs.
1.State rep. By,
The Deputy Superintendent of Police,
Periyakulam Range,
Theni District.
2.The Inspector of Police,
Periyakulam Police Station,
Theni District.
(Crime No.1712 of 2020)
3.Aravindan .. Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the The Schedule
Castes and Tribes Prevention of Atrocities Act, 1989, to call for the records
pertaining to the order passed in Cr.M.P.No.462 of 2020 in Crime No.1712 of 2020
on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni
dated 31.12.2020 and to set aside the same as illegal.
For Appellant : Mr.K.Sivabalan
For Respondents 1 and 2 : Mr.Bharathi Kannan
Government Advocate
For 3rd Respondent : Ms.P.Kalaiarasi Bharathi
1/6
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Crl. A.(MD)No.30 of 2021
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.462
of 2020 in Crime No.1712 of 2020 dated 31.12.2020, on the file of the Special Court
for Trial of Cases under SC/ST (POA) Act, Theni.
2.The case against the appellant is that there is a dispute between two
group of people, belong to two different communities. On 14.11.2020 at about 18.30
hours, the complainant fired crackers infront of the appellant's shop. The appellant
insulted the defacto complainant by mentioning his caste name and she called upon
A2 through phone. A2 came to the spot with other accused and A2 to A7 attacked
the defacto complainant and his father with their bare hands. The father of the
defacto complainant died on the spot. A case was registered against the appellant and
others in Crime No.1712 of 2020 for the offence under Sections 147, 294(b), 323,
302, 109 of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act and
Section 3(2)(v) of SC/ST (POA) Act and the appellant was arrested by the
respondent police. Subsequently, the appellant filed a bail petition in Cr.M.P.No.462
of 2020 before the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.
The learned Judge dismissed the petition. Against which, the appellant preferred the
appeal before this Court.
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Crl. A.(MD)No.30 of 2021
3.On the side of the appellant, it is stated that there is no specific overt act
against the appellant. No weapon was used by the accused. All the other accused
were granted anticipatory bail. There is no external or internal injury on the body of
the deceased. The appellant is in custody for the past 78 days and she is having four
years old female child, which was left in the custody of the neighbours and prayed
the petition to be allowed.
4.On the side of the respondents 1 and 2, it is stated that the appellant is
running a petty shop and on the date of Diwali, the complainant fired crackers infront
of the shop. The appellant who is the prime accused in the case, called the other
accused to the spot and they attacked the defacto complainant and prayed the appeal
to be dismissed.
5. Ms.P.Kalaiarasi Bharathi, learned counsel, undertake to appear for the
third respondent. But, he did not file vakalat for the third respondent.
6.It is seen that the appellant is in custody for the past 78 days. No charge
sheet was filed sofar. Considering the circumstances of the offence and considering
the fact that no weapon was used by the appellant and the appellant has to take care
of her female going minor child, this Court is inclined to grant bail to the appellant.
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Crl. A.(MD)No.30 of 2021
Hence, the Criminal Appeal is allowed and the Appellant is ordered to be released on
bail, subject to 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 Special Court for Trial of
Cases under SC/ST (POA) Act, Theni.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Special Court for
Trial of Cases under SC/ST (POA) Act, Theni, 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.
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Crl. A.(MD)No.30 of 2021
(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
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].
03.02.2021
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.
To
1.The Special Court for Trial of Cases under SC/ST (POA) Act,
Theni
2. The Deputy Superintendent of Police,
Periyakulam Range,
Theni District.
3.The Inspector of Police,
Periyakulam Police Station,
Theni District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.30 of 2021
R.THARANI, J.
Ls
Crl. A.(MD)No.30 of 2021
03.02.2021
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