Madras High Court
Vivek vs The Deputy Superintendent Of ... on 24 June, 2021
Crl.A(MD)No.224 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.06.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.224 of 2021
Vivek ... Appellant/Accused No.6
Vs.
1.The Deputy Superintendent of Police,
Palani Sub Division,
Dindigul District. ...1st Respondent/Investigating Officer
2.The Inspector of Police,
Palani Adivaram Police Station,
Dindigul District.
(Cr.No.441 of 2020) ...2nd Respondent/Complainant
3.Ananth ... 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 2015, to call for the
records pertaining to the order, dated 28.04.2021 made in Crl.M.P.No.467 of
2021 on the file of the Sessions Judge, Special Court for exclusively trial of
cases under SC/ST (POA) Act, Dindigul and set aside the same and enlarge
the appellant on bail in connection with Crime No.441 of 2020 on the file of
the 2nd respondent by allowing this Criminal Appeal.
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Crl.A(MD)No.224 of 2021
For Appellant : Mr.N.Adithya Vijayalayan
For R-1 & R-2 : Mr.P.Kottaichamy
Standing Counsel
For R3 : No Appearance
JUDGMENT
Heard Mr.N.Adithya Vijayalayan, learned Counsel appearing for
the appellant and Mr.P.Kottaichamy, learned Standing Counsel appearing for
State. No representation 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.467 of 2021 on the file of the learned
Sessions Judge, Special Court for exclusively trial of cases under
SC/ST(POA) Act, Dindigul District, dated 28.04.2021.
3.The Appellant, who arrested and remanded to judicial custody on
14.07.2020, for the offences punishable under Sections 147, 148, 341, 307 &
302 IPC and Section 3(2)(v) of SC/ST (POA) Amendment Act, 1989, 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.224 of 2021
been considered properly and the appellant is in custody from 14.07.2020
onwards.
5.Mr.P.Kottaichamy, learned Standing Counsel appearing for State,
on instructions, would submit that the appellant herein is arrayed as A6. He
would further submit that if the appellant/A6 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 28.04.2021 made in Crl.M.P.No.467 of 2021 on the file of the learned
Sessions Judge, Special Court for exclusively trial of cases under
SC/ST(POA) Act, Dindigul District.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
28.04.2021 made in Crl.M.P.No.467 of 2021 on the file of the learned
Sessions Judge, Special Court for exclusively trial of cases under
SC/ST(POA) Act, Dindigul District, 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
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Crl.A(MD)No.224 of 2021
Ten Thousand only) with two sureties, each for a like sum to the satisfaction
of the learned Sessions Judge, Special Court for exclusively trial of cases
under SC/ST(POA) Act, Dindigul District, 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].
24.06.2021
Index : Yes/No
Internet : Yes/No
vsd
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Crl.A(MD)No.224 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 Sessions Judge,
Special Court for exclusively trial of cases
under SC/ST (POA) Act, Dindigul
2.The Deputy Superintendent of Police,
Palani Sub Division,
Dindigul District.
3.The Inspector of Police,
Palani Adivaram Police Station,
Dindigul District.
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Crl.A(MD)No.224 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.224 of 2021
24.06.2021
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