Madras High Court
Muthuramalingam vs State Through on 3 September, 2021
Crl.A(MD)No.339 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.339 of 2021
Muthuramalingam ... Appellant/Accused No.1
Vs.
1.State through
The Deputy Superintendent of Police,
Thiruchuzhi Sub Division,
Virudhunagar District.
2.The Inspector of Police,
Veeracholan Police Station,
Virudhunagar District.
(Cr.No.27 of 2021) ...1st & 2nd Respondents/Complainants
3.Mari Ganesh ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act 1989 as amended by
Act 1 of 2016, to call for the records relating to the order, dated 30.07.2021
made in Crl.M.P.No.1184 of 2021 on the file of the Sessions Judge, Special
Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at
Srivilliputhur, and set aside the same and enlarge the appellant on bail.
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Crl.A(MD)No.339 of 2021
For Appellant : Mr.V.Sasi Kumar
For R-1 & R-2 : Mr.RMS.Sethuraman
Counsel for State Government (Crl.side)
For R3 : No Appearance
JUDGMENT
Heard Mr.V.Sasi Kumar, learned counsel appearing for the
appellant and Mr.RMS.Sethuraman, learned counsel for State Government
(Crl.side) appearing for the first and second respondents. No representation
for the third respondent.
2.This Criminal Appeal has been filed to set aside the dismissal
order of the bail petition in Cr.M.P.No.1184 of 2021 on the file of the learned
Sessions Judge, Special Court for trial of SC/ST (POA) Act Cases,
Srivilliputhur(FAC), dated 30.07.2021.
3.The Appellant, who arrested and remanded to judicial custody on
30.07.2021, for the offences punishable under Sections 294(b), 323 and 379
IPC and 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act on the file of the respondent police,
seeks appeal bail.
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Crl.A(MD)No.339 of 2021
4.The learned counsel appearing for the appellant would submit
that the appellant has been falsely implicated in this case and the same has not
been considered properly and the appellant is in custody from 30.07.2021
onwards.
5.Mr.RMS.Sethuraman, learned counsel for State Government
(Crl.side), on instructions, would submit that the appellant herein is arrayed
as A1. He would further submit that if the appellant/A1 is released on bail, he
will tamper with the prosecution witnesses and hamper the investigation and
therefore, he objected to grant bail to the appellant.
6.Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 30.07.2021 made in Cr.M.P.No.1184 of 2021 on the file of the learned
Sessions Judge, Special Court for trial of SC/ST (POA) Act Cases,
Virudhunagar District at Srivilliputhur.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
30.07.2021 made in Cr.M.P.No.1184 of 2021 on the file of the learned
Sessions Judge, Special Court for trial of SC/ST (POA) Act Cases,
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.339 of 2021
Virudhunagar District at Srivilliputhur, is set aside. The appellant is ordered
to be released on bail on his executing a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties, each for a like sum to the
satisfaction of the the learned Sessions Judge, Special Court for Trial of
SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur, and on
further condition that:
[a] the appellant shall appear before the concerned court daily at
10.30 a.m. until further orders;
[b] the appellant shall not tamper with evidence or witness either
during investigation or trial;
[c] the appellant shall not abscond either during investigation or
trial;
[d] On breach of any of the aforesaid conditions, the Trial Court is
entitled to take appropriate action against the appellant in accordance with
law, as if the conditions have been imposed and the appellants released on
bail by the Trial Court itelf as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
03.09.2021
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.339 of 2021
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 Sessions Judge,
Special Court for Trial of SC/ST (POA) Act Cases,
Virudhunagar District at Srivilliputhur.
2.The District Prison, Dindigul.
3.The Deputy Superintendent of Police,
Thiruchuzhi Sub Division,
Virudhunagar District.
4.The Inspector of Police,
Veeracholan Police Station,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.339 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.339 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
