Madras High Court
S.Mohamed Ameen vs The Superintendent Of Police on 18 February, 2021
Crl. A.(MD)No.43 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 18.02.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.43 of 2021
S.Mohamed Ameen .. Appellant / Petitioner / A-7
Vs.
1.The Superintendent of Police,
Adirampattinam,
Thanjavur District.
2.The Inspector of Police,
Adirampattinam Police Station,
Thanjavur District.
(Crime No.1465/2020) ...1st & 2nd Respondents / Complainants
3.Maheswari ... 3rd Respondent / Defacto Complainant
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
Amended Act, 2016, against the order dated 11.01.2021, in Crl.M.P.No.01 of
2021 on the file of the first Additional District and Sessions Court, (PCR),
Thanjavur dismissing the bail application in Crime No.1465 of 2020 on the file
of the Adirampattinam Police Station, Thanjavur District.
For Appellant : Mr.S.Jayachandran
For R1 & R2 : Mrs.S.Bharathi
Government Advocate
1/6
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Crl. A.(MD)No.43 of 2021
JUDGMENT
This Criminal Appeal has been filed to set aside the order, dated
11.01.2021, in Crl.M.P.No.01 of 2021 on the file of the First Additional District
and Sessions Court, (PCR), Thanjavur , and enlarge the appellant on bail.
2. A case against the appellant is that on 26.12.2020, the appellant
and others attacked one Sivakumar and murdered him. A case was registered
in Crime No.1465 of 2020 by the respondent police under Sections 147, 294(b),
342, 302 I.P.C. and Section 3(1)(r)(s), 3(2)(v) of SC / ST Act. The appellant
filed a petition for bail in Cr.M.P.No.1 of 2021. That petition was dismissed by
the Trial Court on 11.01.2020. Against the same, the appellant preferred this
Criminal Appeal.
3.Notice served on the third respondent through Police, name printed,
non appears on behalf of the third respondent.
4.On the side of the appellant, it is stated that the appellant is only a
Jamath Member and he is no way connected with the cases. Already the Jamath
Member filed a complaint before the respondent police to curtail illegal
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Crl. A.(MD)No.43 of 2021
intimacy of the deceased and the mother of Haja Sharif. After the occurrence,
the appellant went to the Station and passed a comment that if at all police took
an action on their petition, the incident might not have happened. Only for
passing that comment, the police impleaded the appellant in this case. The
appellant is in custody for the past 57 days. Already other accused were
released on bail by the Sessions Court. The name of the appellant does not
found place in the F.I.R. The allegation is only against the named accused/ A1
to A5 and the appellant is arrayed as A7. There is no specific overt act against
the appellant and prayed the appellant to be released on bail.
5.On the side of the first and second respondents, it is stated that the
appellant and others tied up the deceased with a post, opposite to the Mosque
and beaten him to death. The investigation is in progress. The appellant is the
Secretary of the Jamath. Co-accused A1 is still in judicial custody. Others were
released on bail by the trial Court. The charge sheet is yet to be filed, if the
appellant is released on bail, there is a chance for tampering the witnesses.
6.On the side of the appellant, it is stated that except A1, all other
accused were released on bail, after filing of the counter by the respondents 1
and 2.
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Crl. A.(MD)No.43 of 2021
7. The learned Government Advocate for the respondents 1 and 2
admitted that except A1 all other accused were released on bail after the filing
of the counter.
8. Since all the accused, except A1, were released on bail since the
appellant is in custody for the past 57 days, this Court is inclined to release the
appellant on bail. 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 First
Additional District and Sessions Court, (PCR),
Thanjavur;
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the First
Additional District and Sessions Court, (PCR),
Thanjavur, may obtain a copy of any valid identity
proof to ensure their identity.
(iii) The appellant should not interfere in the
investigation;
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Crl. A.(MD)No.43 of 2021
(iv) The appellant should co-operate with the respondent
for investigation;
(v) The appellant shall appear before the respondent
Police daily twice ie. 10.30 a.m and 05.00 p.m until
further orders ;
(vii) 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].
18.02.2021
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.
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Crl. A.(MD)No.43 of 2021
R. THARANI, J.
Ls
To
1.The First Additional District and Sessions Court, (PCR),
Thanjavur
2.The Superintendent of Police,
Adirampattinam,
Thanjavur District.
3.The Inspector of Police,
Adirampattinam Police Station,
Thanjavur District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl. A.(MD)No.43 of 2021
18.02.2021
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