Karuppasamy vs The Deputy Superintendent Of ...
2021 Latest Caselaw 11332 Mad

                                                                          Criminal Appeal(MD)No.190 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 20.05.2021
                                                     CORAM:

                                   THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                         Criminal Appeal(MD)No.190 of 2021

            1.Karuppasamy

            2.Vetrivelmurugan @ Chinnathambi                     ... Appellants/Accused Nos.1 & 3

                                                        Vs.
            1.The Deputy Superintendent of Police,
              O/o. The Deputy Superintendent of Police,
              Rural Sub Division,
              Pudukkottai Police Station,
              Tuticorin,
              (In Crime No.57 of 2021)

            2.Vasanthakumar                                                          ... Respondents


            PRAYER : Criminal Appeal is filed under Section 14A(2) of SC/ST (POA)
            Amended Act, 2015, to set aside the order passed by the leanred District and
            Sessions Judge, Special Court for Schedule Cases and Schedule Tribes (POA) Act
            Cases, Tuticorin, made in Crl.M.P.No.394 of 2021 and allow this appeal by
            enlarging the petitioners on bail in Crime No.57 of 2021 on the file of the first
            respondent police.

                            For Appellants    : Mr.V.Malaiyendran

                            For R1            : Mr.S.Ravi
                                                Additional Public Prosecutor

                            For R2            : No appearance

https://www.mhc.tn.gov.in/judis/


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                                                                            Criminal Appeal(MD)No.190 of 2021




                                                      JUDGMENT

This appeal has been preferred against the order of dismissal passed by the

learned trial Judge in Crl.M.P.No.394 of 2021 dated 01.04.2021.

2.The case of the prosecution is that the petitioner along with the co-

accused waylaid and used filthy language and also assaulted and threatened the

defacto complainant and caused injury. Hence, the complaint.

3.The respondent police has registered a case against the appellants for the

offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii) of IPC and

Sections 3(i)(r), 3(i)(s), 3(2), (Va) of SC/ST (POA) Ordinance Act, 2015. . Even

though the defacto complainant was put on notice as contemplated under Section

15(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989, there is no appearance on behalf of the defacto complainant.

4.Heard the learned counsel appearing for the appellants and the learned

Additional Public Prosecutor appearing for the respondent Police.

5.The main ground urged by the learned counsel for the appellants is that

the appellants are in custody for more than 87 days. Hence, they pray for relief.

https://www.mhc.tn.gov.in/judis/

Criminal Appeal(MD)No.190 of 2021

6.The leanred Additional Public Prosecutor would submit that since the

appellants have bad antecedents, he strongly opposed to allow this appeal.

7.Considering the duration of the custody of the appellants, this Court is

inclined to grant bail to the appellants. Accordingly, it is ordered that the appellants

are directed to be enlarged on bail on their executing a bond for a sum of Rs.10,000/-

(Rupees Ten thousand only)each with two sureties each for a like sum to the

satisfaction of the District and Sessions Judge, Special Court for Scheduled Cases

and Scheduled Tribes (POA) Act Cases, Tuticorin, subject to a condition that the

apellants shall appear before the said Court once in a month i.e, on the first working

day of every month at 10.30 A.M until further orders.

20.05.2021 rmi/PKN

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/

Criminal Appeal(MD)No.190 of 2021

G.IANGOVAN, J.

rmi/PKN

To

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Rural Sub Division, Pudukkottai Police Station, Tuticorin.

2.The District and Sessions Judge, Special Court for Schedule Cases and Schedule Tribes (POA) Act Cases, Tuticorin.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Criminal Appeal(MD)No.190 of 2021

20.05.2021

https://www.mhc.tn.gov.in/judis/