Madras High Court
Singarayar vs The Deputy Superintendent Of ... on 21 September, 2021
Crl.A(MD)No.375 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.09.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.A(MD)No.375 of 2021
Singarayar ... Appellant/Accused No.1
Vs.
1.The Deputy Superintendent of Police,
Nilakkottai,
Dindigul District.
2.The State Rep. by
The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
(Cr.No.983 of 2021) ...1st & 2nd Respondents/Complainants
3.Thangammal ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14 (A) (2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015, to set-aside the order, dated 27.08.2021 made in Cr.M.P.No.665 of
2021 on the file of the Sessions Judge, Special Court for Exclusive Trial of
Cases under SC/ST (POA) Act, Dindigul and enlarge the appellant on bail in
connection with criminal case in Crime No.983 of 2021 on the file of the
respondent police.
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Crl.A(MD)No.375 of 2021
For Appellant : Mr.J.Lawrance
For R-1 & R-2 : Mr.RMS.Sethuraman
Additional Public Prosecutor
For R3 : No Appearance
JUDGMENT
Heard Mr.J.Lawrance, learned counsel appearing for the appellant
and Mr.RMS.Sethuraman, learned Additional Public Prosecutor 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 Crl.M.P.No.665 of 2021 on the file of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST
(POA) Act, Dindigul, dated 27.08.2021.
3.The Appellant, who arrested and remanded to judicial custody on
22.08.2021, for the offences punishable under Sections 147, 341, 294(b), 323,
506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of
Women Act, 2002 and Sections 3(1) (r) and 3(1) (s) of the Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act, 2015, on the file of the
respondent police, seeks appeal bail.
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Crl.A(MD)No.375 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 22.08.2021
onwards.
5.Mr.RMS.Sethuraman, learned Additional Public Prosecutor, 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 27.08.2021 made in Crl.M.P.No.665 of 2021 on the file of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST
(POA) Act, Dindigul.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
27.08.2021 made in Crl.M.P.No.665 of 2021 on the file of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.375 of 2021
(POA) Act, Dindigul, 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 learned
Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST
(POA) Act, Dindigul, and on further condition that:
[a] the appellant shall appear before the
Batlagundu Police Station, Dindigul District 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].
21.09.2021
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.375 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 Exclusive Trial of Cases under SC/ST (POA) Act,
Dindigul.
2.The Deputy Superintendent of Police,
Nilakkottai,
Dindigul District.
3.The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
4.The Superintendent,
District Prison,
Dindigul District.
https://www.mhc.tn.gov.in/judis/
Crl.A(MD)No.375 of 2021
T.KRISHNAVALLI, J.
vsd
Crl.A(MD)No.375 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
