Kasamuthu vs State Represented By
2021 Latest Caselaw 2746 Mad

                                                                            Crl.A.(MD)No.41 of 2021



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATE : 05.02.2021

                                                  CORAM

                             THE HONOURABLE MRS. JUSTICE R. THARANI

                                         Crl.A.(MD)No.41 of 2021


            1.Kasamuthu
            2.Sundar                                                   .. Appellants

                                                    Vs.

            1.State Represented by
              Deputy Superintendent of Police,
              Alwarthirunagari,
              Thoothukudi District.

            2.The Inspector of Police,
              Alwarthirunagari Police Station,
              Thoothukudi District.
              (Crime No.305 of 2020).

            3.Packiyaraj                                               .. Respondents

            Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled
            Caste/Scheduled Tribes (POA) Act, 2015, to call for the records of the order dated
            21.11.2020 in Cr.M.P.No.26 of 2020 on the file of the Special Court for Trial of
            Cases under the Scheduled Caste and Scheduled Tribes (POA) Act, Thoothukudi in
            Crime No.305 of 2020 on the file of the respondent police and set aside the same and
            grant bail to the appellants/Accused No.5 and 6.


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                                                                                 Crl.A.(MD)No.41 of 2021




                                   For Appellants             : Mr.T.Lajapathi Roy

                                   For Respondents 1 and 2 : Mr.Bharathikannan
                                                             Government Advocate


                                                    JUDGMENT

This appeal has been filed to set aside the order passed in Cr.M.P.No.26 of

2020 dated 21.11.2020, on the file of the Special Court for Trial of Cases under the

Scheduled Caste and Scheduled Tribes (POA) Act, Thoothukudi in Crime No.305 of

2020 on the file of the respondent police and set aside the same and grant bail to the

appellants/Accused No.5 and 6.

2.The case against the appellants is that due to previous enmity between

the appellants and the deceased, on 03.11.2020, the accused Mari, Essakki and

Selvam abused the deceased in filthy language using his caste name and assaulted

him with weapon and thereby caused death of the deceased. At that time, the

appellants were standing on the occurrence place and supported the other accused

and they insulted the deceased by mentioning his caste name. A case in Crime No.

305 of 2020 was registered by the respondent police under Sections 147, 148,

120(b), 294(b), 342, 302, 506(ii) and 120(B) of IPC and Sections 3(1)(r), 3(1)(s),

3(2)(V) of Scheduled Caste and Scheduled Tribes (POA) (Amendment) Act 2015.

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The appellants filed a petition for bail in Cr.M.P.No.26 of 2020 before the Special

Court, which was dismissed on 21.11.2020. Against which, the appellants have

preferred this appeal.

3.On the side of the appellants, it is stated that already the prime accused

was released on bail. The only allegation against the appellants is that they were

available at the place of occurrence and there is no specific overt act in the First

Information Report against them. The allegation is only against A1 to A3. The

appellants are in custody from 04.11.2020 onwards. The first appellant is the

communist party leader, who tried to pacify the situation. The second appellant is

the brother of the first appellant and they have been falsely implicated in this case

and prayed the petition to be allowed.

4.On the side of the respondents 1 and 2, it is stated that totally seven

accused are involved in this case. A2 to A4 were detained under Goondas Act. A1

and A-7 were released on bail. A-1 was a juvenile offender. The appellant/A5 had

two previous cases in Crime No.75 of 2008 and 289 of 2020. The third respondent is

present in the Public Prosecutor Office and he made his submission from there. It is

stated that there is a life threat to the third respondent and his family members and

prayed the petition to be dismissed.

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5.It is seen that the appellants are in custody for the past 93 days and the

charge sheet is not yet filed. A1 and A7 were already released on bail. The earlier

cases pending against A-5 were already disposed of.

6.In view of the above circumstances, this Criminal Appeal is allowed and

the appellants are ordered to be released on bail under Section 167(5) of Cr.P.C., 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 Special Court for Trial of Cases under the SC/ST (POA) Act, Thoothukudi.

(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Special Court for Trial of Cases under the SC/ST (POA) Act, Thoothukudi, may obtain a copy of any valid identity proof to ensure their identity.

(iii) On release, the appellants shall stay at Trichy and not enter in Thoothukudi District and report before the Inspector of Police, Trichy Town Police Station, Trichy daily morning at 10:30 a.m, and evening at 05.00 p.m., until further orders.

(iv) the appellant shall not tamper with evidence or witness

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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].

                                                                                       05.02.2021

            Index      : Yes/No
            Internet : Yes/No
            sji

Note : (I) Issue order copy on 08.02.2021

(ii)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.

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R.THARANI, J.

sji

To

1.The Special Court for Trial of Cases under the Scheduled Caste and Scheduled Tribes (POA) Act, Thoothukudi.

2.The Deputy Superintendent of Police, Alwarthirunagari, Thoothukudi District.

3.The Inspector of Police, Alwarthirunagari Police Station, Thoothukudi District.

4.The Inspector of Police, Trichy Town Police Station, Trichy.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.A.(MD)No.41 of 2021

05.02.2021

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