Madras High Court
[email protected] vs The Deputy Superintendent Of ... on 15 June, 2021
Crl.A(MD)No.211 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.211 of 2021
[email protected] ... Appellant/Accused No.3
Vs.
1.The Deputy Superintendent of Police,
Thiruchuli,
Virudhunagar District.
2.The Inspector of Police,
Veerasolan Police Station,
Virudhunagar District.
(Crime No.78 of 2019) ...1st and 2nd Respondents/Complainants
3.Thangapani ... 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, to set aside the
order, dated 26.03.2021 made in Crl.M.P.No.627 of 2021 on the file of the
Additional District and Sessions Judge (PCR) Cases, Virudhunagar at
Srivilliputhur and enlarge the petitioner on bail.
For Appellant : Mr.V.Malaiyendran
For R-1 & R-2 : Mr.P.Kottaichamy
Standing Counsel
For R3 : Mr.B.Anandan
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Crl.A(MD)No.211 of 2021
JUDGMENT
Heard Mr.V.Malaiyendran, learned Counsel appearing for the
appellant and Mr.P.Kottaichamy, learned Standing Counsel appearing for the
first and second respondents and Mr.B.Anandan, learned counsel appearing
for the third respondent.
2.This Criminal Appeal has been filed to set aside the dismissal
order of the bail petition in Crl.M.P.No.627 of 2021 on the file of the learned
Additional District and Sessions Judge (PCR) Cases, Virudhunagar District at
Srivilliputhur, dated 26.03.2021.
3.The Appellant, who surrendered before the respondent police on
22.03.2021, for the offences punishable under Sections 147, 148, 341, 294(b),
379, 307, 506 (ii) IPC and under Sections 3(1)(s) and 3(2)(va) of SC/ST
(Prevention of Atrocities Act), 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
been considered properly and the appellant is in custody from 22.03.2021
onwards.
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Crl.A(MD)No.211 of 2021
5.Mr.P.Kottaichamy, learned Standing counsel appearing for the
respondent police, on instructions, would submit that the appellant herein is
arrayed as A3. He would further submit that if the appellant/A3 is released on
bail, he will tamper with the prosecution witnesses and hamper the
investigation and therefore, he objected 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 26.03.2021 made in Crl.M.P.No.627 of 2021 on the file of the learned
Additional District and Sessions Judge (PCR) Cases, Virudhunagar District at
Srivilliputhur.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
26.03.2021 made in Crl.M.P.No.627 of 2021 on the file of the learned
Additional District and Sessions Judge (PCR) Cases, Virudhunagar at
Srivilliputhur, 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 sum to the satisfaction of the Additional
District and Sessions Judge (PCR) Cases, Virudhunagar at Srivilliputhur, and
on further condition that:
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Crl.A(MD)No.211 of 2021
[a] the appellant shall appear before the Narikudi Police Station,
Virudhunagar District, daily 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].
15.06.2021
Index : Yes/No
Internet : Yes/No
vsd
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.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.211 of 2021
To
1.The Deputy Superintendent of Police,
Thiruchuli,
Virudhunagar District.
2.The Inspector of Police,
Veerasolan Police Station,
Virudhunagar District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.211 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.211 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
