Madras High Court
Karuppasamy vs The Deputy Superintendent Of ... on 9 November, 2021
Crl. A.(MD)No.451 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 09.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.451 of 2021
Karuppasamy .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Aruppukottai Sub Division,
Virudhunagar District.
2.The Inspector of Police,
Pandalkudi,
Virudhunagar District
(P.S. in Cr.No. 63 of 2021)
3.P.Kaleeswaran .. Respondents
Prayer : This criminal appeal is filed under Section 14-A(2) of Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015, to set aside the order, dated 06.09.2021, made in Cr.M.P.No.1424 of
2021 on the file of the Special Court (Sessions Judge) S.C / ST (POA)Act,
Srivilliputhur and enlarge the appellant on bail in connection with Criminal
Case in Crime No.63 of 2021 on the file of the respondent police.
1/8
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Crl. A.(MD)No.451 of 2021
For Appellant : Mr.E.Marees Umar
For R1 and R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
For R3 : Mr.R.Mohan Gandhi
: Mr.P.Ramachandran for R4
JUDGMENT
This Criminal Appeal has been filed to set aside the order, dated
06.09.2021, made in Cr.M.P.No.1424 of 2021 on the file of the Special
Court (Sessions Judge) S.C / ST (POA)Act, Srivilliputhur and to enlarge the
appellant on bail.
2.The case against the appellant is that there was a love affair
between the daughter of the appellant and the defacto complainant. On
04.08.2021, the daughter of the appellant went to the house of the defacto
complainant and the appellant went to the house of the defacto complainant
and asked his daughter to come back home. Since the daughter of the
appellant refused to do so, the appellant abused the father of the defacto
complainant and assaulted the deceased/ Palani and who succumbed to the
injuries and died on 05.08.2021, at about 9.45 am., in the Hospital. A case
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Crl. A.(MD)No.451 of 2021
in Crime No.63 of 2021 was registered against the appellant under Sections
294(b), 324 and 307 of I.P.C. and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of
SC/ST (POA) Act. Subsequent to the death of the deceased, the case was
altered into Sections 294(b), 302 of I.P.C. and Sections 3(1)(r), 3(1)(s), 3(2)
(v) of SC/ST (POA) Act. The appellant was arrested and is in custody from
06.08.2021. The appellant and his wife have filed a bail petition in
Crl.M.P.No.1424 of 2021 before the Special Court, Srivilliputtur. The
petition for the appellant was dismissed and bail was granted only to the
wife of the appellant by the Special Court on 06.09.2021. Against the order
of dismissal of bail, the appellant has approached this Court by way of this
appeal.
3.On the side of the appellant, it is stated that the investigation
might have been completed within this time and further detention of the
appellant in custody will not be of any help to the investigation and
custodial interrogation of the appellant is not necessary. There is no bad
antecedents against the appellant. The appellant is the only bread winner of
his family and he is having permanent abode at the mentioned address and
the appellant is in custody for more than 94 days and prayed the appellant to
be released on bail.
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Crl. A.(MD)No.451 of 2021
4.On the side of the defacto complainant, it is stated that the
appellant / A1 went to the house of the defacto complainant with a weapon,
which proves that he has gone there with a motive of commit murder. Both
the appellant and the defacto complainant belonged to the same village and
there is a possibility for further violence to take place and prayed the appeal
to be dismissed.
5. On the side of the prosecution, it is stated that this is a case of
Honorary killing, where the father of the girl committed an offence against
the family member of her lover.
6. Crl.M.P.No.1424 of 2021, was dismissed by the trial Court, on
06.09.2021, wherein, it was mentioned that the appellant was in custody for
the past 32 days. Now, the appellant is in custody for more than 94 days,
sofar charge sheet was not filed. In view of the same, the appellant is
entitled for statutory bail under Section 167 (2) Cr.P.C. Hence, the Criminal
Appeal is allowed and the Appellant is ordered to be released on bail,
subject to the following conditions:
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Crl. A.(MD)No.451 of 2021
(i) the appellant shall execute a bond for a sum of
Rs.25,000/- (Rupees twenty five thousand only)
with two sureties, of whom, one should be a
blood relative, each for a like sum to the
satisfaction of the Special Court (Sessions Judge)
S.C / ST (POA)Act, Srivilliputhur.
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
learned Special Court Sessions Judge, S.C / ST
(POA)Act, Srivilliputhur, may obtain a copy of
their any valid identity proof to ensure their
identity.
(iii) The appellant should not interfere in the
investigation;
(iv) The appellant should co-operate with the
respondent for investigation;
(v) The appellant should stay in Madurai District and
should not enter Virudhunagar District.
(vi) On release, the appellant shall appear before the
Station House Officer, Tallakulam Police
Station daily twice ie. 10.30 a.m and 05.00 p.m,
until further orders ;
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Crl. A.(MD)No.451 of 2021
(vii) 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 himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)AIR SCW 5560].
09.11.2021
Index : Yes/No
Internet : Yes/No
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 Special Court (Sessions Judge)
S.C / ST (POA)Act,
Srivilliputhur.
2.The Deputy Superintendent of Police,
Aruppukottai Sub Division,
Virudhunagar District.
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Crl. A.(MD)No.451 of 2021
3.The Inspector of Police,
Pandalkudi,
Virudhunagar District
4.The Inspector of Police,
Tallakulam Police Station,
Madurai District.
5.The Station House Officer,
Tallakulam Police Station,
Madurai District.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.451 of 2021
R. THARANI, J.
Ls
Crl. A.(MD)No.451 of 2021
09.11.2021
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