Madras High Court
V.Subramanian vs The Deputy Superintendent Of ... on 27 July, 2021
Crl.A(MD)No.283 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.283 of 2021
V.Subramanian ... Appellant/Accused
Vs.
1.The Deputy Superintendent of Police,
Cheranmahadevi,
Tirunelveli.
2.The State Represented by,
The Sub Inspector of Police,
Munnerpallam Police Station,
Tirunelveli District.
(Cr.No.302 of 2021) ...1st & 2nd Respondents/Complainants
3.M.Balamurugesh ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act 1989, to call for the
entire records pertaining to the order passed by the II Additional District &
Sessions Judge (PCR), Tirunelveli in Cr.M.P.No.754 of 2021, dated
05.07.2021 and set aside the same and consequently enlarge the appellant on
bail in connection with the case in Crime No.302 of 2021 on the file of the
Inspector of Police, Munnerpallam Police Station, Tirunelveli.
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Crl.A(MD)No.283 of 2021
For Appellant : Mr.A.Sivasubramanian
For R-1 & R-2 : Mr.RMS.Sethuraman
Standing Counsel
for State Government (Crl.side)
For R3 : No Appearance
JUDGMENT
Heard Mr.A.Sivasubramanian, learned counsel appearing for the
appellant and Mr.RMS.Sethuraman, learned Standing Counsel appearing for
State Government (Crl.side). No representation for the third respondent.
2.This Criminal Appeal has been filed to set aside the dismissal
order of the bail petition in Cr.M.P.No.754 of 2021 on the file of the learned
II Additional District & Sessions Judge (FAC), Tirunelveli, dated 05.07.2021.
3.The Appellant, who arrested and remanded to judicial custody on
18.06.2021, for the offences punishable under Sections 147, 148, 294(b), 307
& 506(ii) IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on
the file of the respondent police, seeks appeal bail.
4.The learned counsel appearing for the appellant would submit
that the appellant has been falsely implicated in this case and the same has not
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Crl.A(MD)No.283 of 2021
been considered properly and the appellant is in custody from 18.06.2021
onwards.
5.Mr.RMS.Sethuraman, learned Standing Counsel appearing for
State Government (Crl.side), on instructions, would submit that the appellant
herein is arrayed as sole accused. He would further submit that if the
appellant/Sole Accused is released on bail, he will tamper with the
prosecution witnesses and hamper the investigation and therefore, he strongly
opposed to grant bail to the appellant.
6.Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 05.07.2021 made in Cr.M.P.No.754 of 2021 on the file of the learned II
Additional District & Sessions Judge (FAC), Tirunelveli.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
05.07.2021 made in Cr.M.P.No.754 of 2021 on the file of the learned II
Additional District & Sessions Judge (FAC), Tirunelveli, is set aside. The
appellant is ordered to be released on bail on his executing a bond for a sum
of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like
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Crl.A(MD)No.283 of 2021
sum to the satisfaction of the learned II Additional District & Sessions Judge
(FAC), Tirunelveli, and on further condition that:
[a] the appellant shall appear before the concerned
court, once in a week i.e. on the first working day of every
week at 10.30 a.m. until further orders;
[b] the appellant shall not tamper with evidence or
witness either during investigation or trial;
[c] the appellant shall not abscond either during
investigation or trial;
[d] 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 appellants released on bail by the
Trial Court itelf as laid down by the Hon'ble Supreme Court
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
27.07.2021
Index : Yes/No
Internet : Yes/No
vsd
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Crl.A(MD)No.283 of 2021
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 II Additional District & Sessions Judge (FAC),
Tirunelveli.
2.The Deputy Superintendent of Police,
Cheranmahadevi,
Tirunelveli.
3.The Sub Inspector of Police,
Munnerpallam Police Station,
Tirunelveli District.
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Crl.A(MD)No.283 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.283 of 2021
27.07.2021
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