Madras High Court
Kartheeswaran vs The Deputy Superintendent Of ... on 27 January, 2021
Crl.A.(MD)No.11 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 27.01.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.11 of 2021
Kartheeswaran .. Appellant
Vs.
State through,
1.The Deputy Superintendent of Police,
Melur, Madurai District.
2.The Inspector of Police,
Melur Police Station,
Madurai District.
In Crime No.2126 of 2020.
3.Sevugamani .. Respondents
Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled
Caste/Scheduled Tribes Act, 1989, as amended by Act 1 of 2016, to call for the
records relating to the order passed in Crl.M.P.No.895 of 2020 dated 31.12.2020 on
the file of the learned IIIrd Additional District and Sesssions Judge (PCR Court),
Madurai and to set aside the same and grant bail to the appellant.
For Appellant : Mr.S.Sukumar
For Respondents 1 and 2 : Mr.S.Chandrasekar
Government Advocate
1/6
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Crl.A.(MD)No.11 of 2021
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.895
of 2020 dated 31.12.2020, on the file of the learned IIIrd Additional District and
Sesssions Judge (PCR Court), Madurai and to grant bail to the appellant.
2.The case of the appellant is that the appellant and others trespassed into
the shop of the defact complainant and attacked him with weapons and caused
injuries and threatened them to commit murder. A case in Crime No.2126 of 2020
was registered against the appellant under Sections 448, 294(b), 341, 324, 307,
506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled caste and
the Scheduled Tribes (Prevention of Atrocities) Amendment Act by the second
respondent Police. The appellant was arrested and he filed a bail petition in
Crl.M.P.No.895 of 2020 before the Sessions Court. The Sessions Court dismissed
the petition. Against which, the appellant has preferred this appeal.
3.On the side of the appellant, it is stated that the appellant is in custody
for more than sixty days. The occurrence is said to have taken place within the four
walls of shop. There could not be an offence under the Scheduled caste and the
Scheduled Tribes Act. It is further stated that the other accused were granted bail and
that the appellant is A2 in the case and prayed the petition to be allowed.
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Crl.A.(MD)No.11 of 2021
4.On the side of the respondents 1 and 2, it is stated that A3 and A4 are
still absconding. The investigation is under progress. Already this appellant is having
similar previous case in Crime No.303 of 2019 and he was detained under the
Goondas Act in D.No.1 of 2021 and prayed the petition to be dismissed.
5.Though the name of the third respondent was printed in the cause list,
none appears on behalf of the third respondent.
6.It is seen that the appellant is having previous case of similar nature and
that the appellant is detained under Goondas Act. Considering the fact that the
petitioner is in custody for the past 60 days, this Criminal Appeal is allowed and the
appellant is ordered to be released on bail subject to the result of the proceedings
under the Goondas Act on 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 learned IIIrd Additional District
and Sessions Judge(PCR Court), Madurai.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned IIIrd
Additional District and Sessions Judge(PCR Court),
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Crl.A.(MD)No.11 of 2021
Madurai, 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 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].
27.01.2021
Index : Yes/No
Internet : Yes/No
Mrn
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.11 of 2021
To
1.The Additional District and Sessions Judge, (PCR Court) Madurai.
2.The Deputy Superintendent of Police,
Melur, Madurai District.
3.The Inspector of Police,
Melur Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.11 of 2021
R.THARANI, J.
MRN
Crl.A.(MD)No.11 of 2021
27.01.2021
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