Madras High Court
Jagadeeswaran @ Iruttu vs The Assistant Commissioner Of ... on 4 March, 2021
Crl.A.(MD)No.63 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 04.03.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.63 of 2021
Jagadeeswaran @ Iruttu .. Appellant
Vs.
1.The Assistant Commissioner of Police,
Anna Nagar Division,
Anna Nagar,
Madurai City.
2.The Inspector of Police,
Mathichiyam Police Station,
Madurai City.
Crime No.1052 of 2020.
3.Nagalakshmi .. Respondents
Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of
2016, to call for the records relating to the order in Cr.M.P.No.607 of 2020 dated
20.11.2020 on the file of the III Additional District Court (PCR Cases), Madurai and
to set aside the same and to grant bail to the appellant.
For Appellant : Mr.S.Poornachandran
For Respondents 1 and 2 : Mr.S.Bharathi
Government Advocate (Crl. Side)
1/6
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Crl.A.(MD)No.63 of 2021
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.607
of 2020 dated 20.11.2020, on the file of the learned III Additional District Judge,
(PCR Cases), Madurai and to grant bail to the appellant.
2.The case against the appellant is that on 07.06.2020, the appellant and
others entered into Government hospital, Madurai threatened the security who was
guarding the deceased and committed murder. A case in Crime No.1052 of 2020 was
registered against the appellant under Sections 120(b), 147, 148, 449, 294(b) and 302
of IPC and later was altered into Sections 120(b), 147, 148, 449, 294(b), 302 of IPC
and Sections 3(2)(v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities)
Amendment Act by the second respondent Police. The appellant was arrested on
10.06.2020 and he filed a bail petition in Crl.M.P.No.607 of 2020 before the III
Additional District Court. The learned District Judge dismissed the petition. Against
which, the appellant has preferred this appeal.
3.On the side of the appellant, it is stated that the deceased was already in
custody pertaining to a murder case in Crime No.515 of 2019 under Section 147,
148, 341, 302 of IPC @ 120(b), 114, 147, 148, 341, 302 r/w. 149 of IPC by the B1
Vilakuthoon Police and he was A2 in that case. Subsequently, he was admitted in the
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Crl.A.(MD)No.63 of 2021
hospital for stroke. There is no specific overt act against the appellant. The allegation
is only against the other accused A1 to A4. On the date of occurrence, the appellant
is only a juvenile and he was wrongly remanded to custody instead of referring to the
Juvenile Board. Already A7, A8, A10 are released on bail. The appellant is in
custody for the past 240 days and prayed the appellant to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that totally there are
ten accused involved in the case. Three of them are named accused. The specific
overt act against the appellant is that he entered into the Government hospital with
weapons and barred the others from entering into the place of occurrence. The place
of occurrence is hospital. The deceased was already in judicial custody. There is a
previous case against the petitioner in Crime No.1250 of 2019 under Section 147,
148, 294(b), 323, 506(ii) of IPC on the file of the Annanagar Police Station. A1 to
A5 were detained under the Goondas Act. A7, A8 and A10 were released on bail as
they were minors and prayed the petition to be dismissed.
5.Though the name of the third respondent was printed in the cause list,
none appears on behalf of the third respondent.
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Crl.A.(MD)No.63 of 2021
6.A perusal of the birth certificate produced by the appellant does not
contain the name of the appellant. The validity of the birth certificate cannot be
decided in this appeal. It is seen that the place of occurrence is government hospital
and the deceased was in judicial custody. Already A1 to A5 were detained under the
Goondas Act.
7.In view of the above, this Court is not inclined to release the appellant on
bail at present. Hence, this Criminal Appeal is dismissed.
04.03.2021
Index : Yes/No
Internet : Yes/No
Mrn
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.
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Crl.A.(MD)No.63 of 2021
To
1.The III Additional District Judge, (PCR Cases), Madurai.
2.The Assistant Commissioner of Police,
Anna Nagar Division,
Anna Nagar,
Madurai City.
2.The Inspector of Police,
Mathichiyam Police Station,
Madurai City.
4.The District Prison,
Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.63 of 2021
R.THARANI, J.
MRN
Crl.A.(MD)No.63 of 2021
04.03.2021
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