Madras High Court
Ramesh vs The Deputy Superintendent Of ... on 22 November, 2021
Crl. A.(MD)No.467 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 22.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.290 of 2020
Ramesh .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Keelakarai, Ramanathapuram.
2.The Inspector of Police,
All Women Police Station,
Keelakarai, Ramnad District.
(Crime No.169 of 2020)
3.Krishnaveni .. Respondents
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to call for the
records pertaining to the order passed by the learned Sessions Court (Fast Track
Mahila Court) Ramanathapuram in Crl.M.P.No.831 of 2021 dated 13.09.2021 and to
set aside the same and enlarge the appellant on bail in connection with in Crime No.7
of 2021 on the file of the second respondent Police.
For Appellant : Mr.K.P.Narayanakumar
For Respondents 1 and 2 : Mr.K.Sanjay Gandhi
Government Advocate
1/6
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Crl. A.(MD)No.467 of 2021
JUDGMENT
This appeal has been filed to set aside the order in Crl.M.P.No.831 of
2021, dated 13.09.2021, on the file of the learned Sessions Judge, Fast Track Mahila
Court, Ramanathapuram.
2.The case against the appellant is that the appellant has committed
penetrative sexual assault on the victim girl aged about 13 years. A case in Crime
No.7 of 2021 under Section 450 of IPC and Sections 3, 4(2) of POCSO Act and
Section 3(2)(v) of SC/ST Act was registered against the appellant. The appellant has
filed the bail application in Crl.M.P.No.831 of 2021 before the learned Sessions
Judge, Fast Track Mahila Court, Ramanathapuram. That petition was dismissed by
the trial Court on 13.09.2021. Against the same, the appellant has preferred this
Criminal Appeal.
3.On the side of the appellant, it is stated that the appellant is in custody
for the past 90 days. The chargesheet was not yet filed. The appellant was arrested on
22.08.2021 and prayed the appellant to be released on bail.
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Crl. A.(MD)No.467 of 2021
4.On the side of the respondents 1 and 2, it is stated that the offence is
serious in nature. The victim girl is aged about 13 years. The victim girl belong to
SC/ST community. The offence is against the society. The respondent police is
taking steps to invoke Goondas Act against the appellant and prayed the appeal to be
dismissed.
5.On the side of the respondents 1 and 2, it is fairly admitted that the
chargesheet was not yet filed.
6.It is seen that though the offence is serious in nature, the prosecution has
failed to file the chargesheet in time. The appellant is entitled for statutory bail under
Section 167(2) of Cr.P.C. 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 learned Sessions Judge, (Fast
Track Mahila Court), Ramanathapuram.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Sessions
Judge, (Fast Track Mahila Court), Ramanathapuram may
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Crl. A.(MD)No.467 of 2021
obtain a copy of their valid identity card to ensure their
identity.
(iii) On release, the appellant shall not to enter
Ramanathapuram District and shall reside in Karur and to
sign before the Karur Town Police Station daily twice at
10:30 a.m., and 5.30 p.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.
(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
himself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
22.11.2021
Index : Yes/No
Internet : Yes/No
Mrn
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Crl. A.(MD)No.467 of 2021
To
1.The Sessions Judge, Fast Track Mahila Court
Ramanathapuram.
2.The Deputy Superintendent of Police,
Keelakarai, Ramanathapuram.
3.The Superintendent of Prison,
Sub Jail, Ramanathapuram.
4.The Inspector of Police,
All Women Police Station,
Keelakarai, Ramnad District.
5.The Inspector of Police,
Karur Town Police Station,
Karur.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.467 of 2021
R.THARANI, J.
Mrn
Crl. A.(MD)No.467 of 2021
22.11.2021
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