Madras High Court
Mani @ Manikandan @ Pramathu ... vs The State Represented By Its on 10 March, 2021
Crl.A.(MD)No.140 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 26.03.2021
Delivered On : 01.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.140 of 2021
Mani @ Manikandan @ Pramathu Manikandan .. Appellant
Vs.
1.The State represented by its,
The Deputy Superintendent of Police,
Cheranmahadevi,
Tirunelveli District.
2.The State represented by its,
The Inspector of Police,
Suthamalli Police Station,
Tirunelveli District
(Crime No.118 of 2021).
3.Lakshmanan .. Respondents
Prayer : This Criminal Appeal filed under Section 14(A)(2) of Scheduled
Castes/Scheduled Tribes Act, 1989 as amended by Act, 1 of 2016, to call for the
entire records relating to the impugned order dated 10.03.2021 made in Cr.M.P.No.
445 of 2021 on the file of the learned II Additional District and Sessions
Judge(FAC), Tirunelveli and to set aside the same and consequently to release the
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Crl.A.(MD)No.140 of 2021
appellant on bail in connection with the FIR in Crime No.118 of 2021 on the file of
the second respondent police.
For Appellant : Mr.M.S.Jeya Karthik
For Respondents 1 and 2 : Mr.S.Chandrasekar
Additional Public Prosecutor
rd
For 3 Respondent : No Appearance
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.445
of 2021 dated 10.03.2021, on the file of the learned II Additional District and
Sessions Judge (FAC), Tirunelveli and to enlarge the appellant on bail.
2.The case against the appellant is that the appellant insulted the defacto
complainant in filthy language by uttering his caste name and threatened him with
dire consequences. Hence, a case was registered against the appellant in Crime No.
118 of 2021 under Sections 294(b) and 506(ii) of IPC and Sections 3(1)(r) and 3(1)
(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The
appellant has filed a bail petition in Crl.M.P.No.445 of 2021 before the learned II
Additional District and Sessions Judge(FAC), Tirunelveli. The petition was
dismissed by the learned Judge on 10.03.2021. Against the same, the appellant has
preferred the present appeal.
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Crl.A.(MD)No.140 of 2021
3.On the side of the appellant, it is stated that the appellant sustained head
injury by the attack of the defacto complainant and was admitted in the hospital. The
appellant is in custody for the past 25 days and prayed the appellant to be released on
bail.
4.On the side of the respondents 1 and 2, it is stated that there was no proof
regarding the injury said to have been sustained by the appellant and prayed the
petition to be dismissed.
5.Though notice was served upon the third respondent, none appears for
the third respondent.
6.Considering the nature of offence and considering the period of
incarceration, this Court is inclined to release the appellant on bail on 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 learned II Additional District and
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Crl.A.(MD)No.140 of 2021
Sessions Judge (FAC), Tirunelveli.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned II
Additional District and Sessions Judge (FAC),
Tirunelveli, may obtain a copy of any valid identity proof
to ensure their identity.
(iii) On release, the appellant to appear and sign before the
second respondent police daily once 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 learned
Magistrate/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 learned Magistrate/Trial Court
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Crl.A.(MD)No.140 of 2021
himself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
01.04.2021
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.
To
1.The II Additional District and Sessions Judge(FAC),
Tirunelveli.
2.The Deputy Superintendent of Police,
Cheranmahadevi,
Tirunelveli District.
3.The Inspector of Police,
Suthamalli Police Station,
Tirunelveli District.
4.The Sub Jail,
Srivaikundam.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.140 of 2021
R.THARANI, J.
MRN
Crl.A.(MD)No.140 of 2021
01.04.2021
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