Madras High Court
Sundra Muneeswaran @ Edison Durai vs The Additional Superintendent Of ... on 3 March, 2021
Crl. A.(MD)No.91 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 03.03.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.91 of 2021
Sundra Muneeswaran @ Edison Durai .. Appellant
Vs.
1.The Additional Superintendent of Police,
Assistant Commissioner of Police,
Palayamkottai Sub Division,
Tirunelveli,
Tirunelveli District.
2.The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli District.
(In Crime No.1497 of 2020)
3.Sundaram .. Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the The Schedule
Castes and Tribes Prevention of Atrocities Act, to set aside the order passed in
Cr.M.P.No.259 of 2021 on the file of the II Additional Sessions Judge (FAC),
Tirunelveli and enlarge the appellant on bail.
1/6
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Crl. A.(MD)No.91 of 2021
For Appellant : Mr.V.Kathirvel, Senior Counsel
for Mr.KA.Raamakrishnan
For Respondents 1 and 2 : Mrs.S.Bharathi
Government Advocate
For 3rd Respondent :Mr.K.Aayiram K.Selvakumar
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.259
of 2021 on the file of the II Additional Sessions Judge (FAC), Tirunelveli and
enlarge the appellant on bail.
2.The case against the appellant is that the appellant and others restricted
the defacto complainant and his men from using a pathway that leads to a funeral
ground and assaulted them with iron rod. A case was registered against the appellant
and others in Crime No.1497 of 2020 for the offence under Sections 147, 148,
294(b), 352, 341, 506(ii) r/w. Sections 3(1) (r), 3(1)(s), 3(1)(va) of SC/ST (POA)
Amendment Act and the appellant was arrested by the respondent police.
Subsequently, the appellant filed a bail petition in Cr.M.P.No.259 of 2020 before the
II Additional Sessions Judge (FAC), Tirunelveli. The learned Sessions Judge
dismissed the petition. Against which, the appellant preferred the appeal before this
Court.
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Crl. A.(MD)No.91 of 2021
3.Mr.K.Aayiram K.Selvakumar, learned counsel, appeared for the defacto
complainant and the defacto complainant was also available through online. Heard
the learned counsel for the appellant, the learned Government Advocate for the
respondents 1 and 2 and the learned counsel for the third respondent.
4.On the side of the appellant, it is stated that there is a counter case
pending against the defacto complainant / third respondent and his men. A2 in this
case was assaulted by the defacto complainant and his men and A2 had grievous
injury viz., fracture in his han d. Only as a counter blast, this case was foisted by the
defacto complainant / third respondent. It is stated that the occurrence is said to have
taken place on 18.10.2020, but, the F.I.R. Was registered on 20.10.2020 and the
appellant was arrested on 13.02.2021, i.e. after four months from the date of the
occurrence. The investigation in this case has to be completed within a period of 60
days, but, the appellant was arrested after the completion of the prescribed time for
investigation. The appellant is in custody from 13.02.2021 and prayed the appellant
to be released on bail.
5.On the side of the respondents 1 and 2, it is stated that there was a
pathway dispute between two parties and the pathway leads to a funeral ground.
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Crl. A.(MD)No.91 of 2021
There is a counter case pending against the defacto complainant and others and if the
appellant is released on bail, there is a possibility of tampering the witnesses and
prayed the appeal to be dismissed.
6.On the side of the third respondent / defacto complainant, it is stated that
there is a communal intolerance. The complainant and his men are humiliated by the
actions of the appellant. If released, the appellant may tamper the witnesses and
prayed the appeal to be dismissed.
7.It is seen that the dispute is regarding a pathway leading to a funeral
ground. It is seen that there is a counter case pending against the third respondent /
defacto complainant and his men. The appellant is in custody from 13.02.2021.
Considering the period of incarceration, this Court is inclined to grant bail to the
appellant. 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 II Additional Sessions
Judge (FAC), Tirunelveli.
(ii) the sureties shall affix their photographs and Left Thumb
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Crl. A.(MD)No.91 of 2021
Impression in the surety bond and the II Additional
Sessions Judge (FAC), Tirunelveli, 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 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
Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
03.03.2021
Index : Yes/No
Internet : Yes/No
Ls
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Crl. A.(MD)No.91 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 II Additional Sessions Judge (FAC),
Tirunelveli
1.The Additional Superintendent of Police,
Assistant Commissioner of Police,
Palayamkottai Sub Division,
Tirunelveli,
Tirunelveli District.
2.The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl. A.(MD)No.91 of 2021
03.03.2021
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