Madras High Court
Unknown vs The Deputy Superintendent Of ... on 29 January, 2021
Crl. A.(MD)No.3 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 29.01.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.3 of 2021
sankarapandi .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Santhankulam ,
Thoothukudi District.
2. The Inspector of Police
Nazareth Police Station,
Thoothukudi District.
Crime No.160/2020
3.Muthu raj .. Respondents
Prayer : This criminal appeal is filed under Section 14A(2) of Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amended Act, 2016, to call for the
entire records relating to the impugned order dated 18.12.2020 made in Cr.M.P.No.
109 of 2020 on the file of the Special Court for Trial of Cases registered under
SC/ST (POA) Act, 1989, Thoothukudi and to set aside the same and consequently, to
release the appellant on bail in connection with the F.I.R in Crime No.160 of 2020
on the file of the second respondent police.
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Crl. A.(MD)No.3 of 2021
For Appellant : Mr.S.R.Durai Raj
For Respondents : Mr.S.Chandrasekar
Additional Public Prosecutor
for R1 and R2
JUDGMENT
This appeal has been filed to set aside the order, dated 18.12.2020, in
Cr.M.P.No.109 of 2020, on the file of the Special Court for Trial of Cases registered
under SC/ST (POA) Act, 1989, Thoothukudi and to enlarge the appellant on bail.
2.The case against the appellant is that on 08.05.2020 at about 07.30 p.m,
due to previous motive, the accused and others who involved in this case have
committed double murder. A case in Crime No.160 of 2020 under Sections 147,
148, 449, 294(b), 302, 506(ii), 120(b) I.P.C. r/w. Sections 3(1) (r) , 3(1)(s), 3(2)(v) of
SC/ST (POA) Act, was registered against the appellant and others. The appellant
filed a petition for bail in Cr.M.P.No.109 of 2020, before the Special Court for trial
of Cases under SC/ST (POA) Act, Thoothukudi. That petition was dismissed by the
Special Court, on 18.12.2020. Against the same, the appellant preferred this
Criminal Appeal.
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Crl. A.(MD)No.3 of 2021
3.On the side of the appellant, it is stated that in the F.I.R, only the name of
six accused were mentioned and the name of the appellant has not found place in the
F.I.R. The prime accused, viz., A1 to A11 were already released on bail. There was a
money dispute between A1 and the brother of the victim. The appellant is only A12
in the case and he has surrendered, on 13.10.2020 and he is in custody for the past
109 days. The allegation against the appellant / A12 is only conspiracy and prayed
the appellant to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that the valuable life
of two persons was taken away by the appellant and others. A1, A4 and A8 were
detained under the Goondas Act and they are still in custody. The investigation is
still pending for receipt of Forensic Science Report and the case is a sensational
offence. The defacto complainant and his family members are under threat of their
life. The defacto complainant is residing out of station to protect himself and prayed
the appeal to be dismissed.
5.The defacto complainant is available in the public prosecutor office and
he makes his representation from the public prosecutor's office. He has stated that
there is life threat for him and he is residing out of station and prayed the appeal to
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Crl. A.(MD)No.3 of 2021
be dismissed.
6.It is seen that the offence is grave in nature, involving two valuable lives.
It is stated that there is tension prevailing in that area. But, it is admitted that the
police failed to file charge sheet within the time limit of 90 days and the appellant is
entitled for statutory bail under Section 167(2) Cr.P.C since the appellant is in
custody for the past 109 days.
7.In the above circumstances, 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 Special Court for Trial of
Cases registered under SC/ST (POA) Act, 1989,
Thoothukudi .
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Judge,
Special Court for Trial of Cases registered under SC/ST
(POA) Act, 1989, Thoothukudi, may obtain a copy of any
valid identity proof to ensure their identity.
(iii) On release, the appellant shall reside in Madurai and shall
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Crl. A.(MD)No.3 of 2021
appear before the Madurai South Gate Police Station,
Madurai daily thrice ie. Morning at 10:00 a.m, Afternoon
at 02.00 p.m and Evening at 08.00 p.m until further
orders.
(iv) the appellant shall not tamper with evidence or witness
either during investigation or trial.
(v) the appellant is directed not to enter Thoothukudi District.
The appellant is directed not to harass the defecto
complainant, his family members and the witnesses
(vi)Tthe appellant shall cooperate with the investigation.
(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].
29.01.2021
Index : Yes/No
Internet : Yes/No
Ls
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Crl. A.(MD)No.3 of 2021
R. THARANI, J.
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 Judge,
Special Court for Trial of Cases registered
under SC/ST (POA) Act, 1989, Thoothukudi
2.The Deputy Superintendent of Police,
Santhankulam , Thoothukudi District.
3. The Inspector of Police
Nazareth Police Station,
Thoothukudi District..
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Copy to
The Inspector of Police,
Madurai South Gate Police Station,
Madurai.
Crl. A.(MD)No.3 of 2021
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Crl. A.(MD)No.3 of 2021
29.01.2021
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