Madras High Court
Deniba vs The State Rep. By on 4 April, 2022
Crl.A.No.178 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.No.178 of 2022
Deniba ...Appellant
Vs.
1. The State Rep. by
The Deputy Superintendent of Police,
Salem, Salem District.
2.The State rep. by
The Inspector of Police,
Kitchipalayam Police Station,
Salem City.
(Crime No.1182 of 2020)
3.C.Jansirani ... Respondents
PRAYER: Criminal Appeal filed under Section 14(A) (2) of the SC/ST
Act, 1989, to set aside the order made in C.M.P.No.4326 of 2021 dated
26.11.2021 passed by the learned Principal District and Sessions Judge
of Salem and to enlarge the petitioner on bail by allowing the appeal
throughout.
For Appellant : Mr.B.Mohan
For Respondents
For R1 & R2 : Mr.Leonard Arul Joseph Selvam,
Government Advocate(Crl. Side)
For R3 : Mr.R.Sankarasubbu
Page 1 of 8
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Crl.A.No.178 of 2022
JUDGMENT
Being dissatisfied with the order dated 26.11.2021 made in
Crl.M.P.No.4326 of 2021, the appellant, who was arrayed as Accused
No.15 in Crime No.1182 of 2020 on the file of the Kitchipalayam Police
Station, has preferred this appeal and praying to enlarge him on bail.
2. The case of the prosecution is that the defacto complainant's
husband Selladurai is a rowdy element and there was an enmity between
the defacto complainant's husband's group and the accused
Suriyamoorthy group. Due to previous enmity, on 22.12.2020 at about
7.30 p.m. when the defacto complainant's husband was proceeding along
with the defacto complainant and one Valarmathi in his car on Appar
Street, the appellant and other accused came with veecharuval in cars and
two wheelers and waylaid the defacto complainant's car and attacked the
defacto complainant's husband with veecharuval and the defacto
complainant's husband was brought to the hospital, where the Doctor
declared him as dead. Hence, a case was registered against the appellant
under Sections 147, 148, 341, 302 & 427 of I.P.C. r/w. Section 3 of
TNPPDL Act and altered to Section 427, 177, 419 r/w 34, 120(b), 147,
148, 149, 341 & 302 I.P.C. r/w. Section 3 of TNPPDL Act and Section
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Crl.A.No.178 of 2022
3(2)(v) of SC/ST (POA) Amendment Act, 2015.
3. The learned counsel for the appellant would submit that the
appellant is an innocent person and no way connected with the offence as
alleged by the prosecution. He would further submit that the respondent
police has now completed the investigation and filed a final report.
According to him, the appellant is in the Judicial Custody from
30.12.2021 onwards. Hence, he prays for bail by allowing this appeal.
4. The learned Government Advocate (Crl. Side) appearing for
the respondent/Police raised objection stating that while at the time of
occurrence, the appellant joined with other accused and after made
conspiracy, committed the offence of murder. Further, he submits that the
appellant was liable to be convicted under the provisions of SC/ST Act
and he is having four previous cases. However, he admits that as of now,
the investigation in this case has been completed and final report has also
been filed before the trial Court.
5. The submissions made by the learned counsel appearing on
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Crl.A.No.178 of 2022
either side are considered.
6. No doubt, the alleged offences committed by the appellant
are nothing but an heinous crime. Further, the appellant is in the judicial
custody from 30.12.2021 onwards and as of now, the investigation has
been completed. Though the petitioner is having previous cases, the
particulars given by the learned Government Advocate appearing for the
respondent Police shows that those cases are registered before the year
1917. Hence, the question of tampering witnesses does not arise. Hence,
in view of the above, for completing the investigation, further detention
of the appellant is not necessary.
7. Taking into consideration the above said aspects,
particularly, considering the period of incarceration, this Court is
inclined to grant bail to the appellant subject to following conditions.
8. Accordingly, the appellant is ordered to be released on bail
subject to the following conditions;
(a) the appellant shall execute a bond for a sum
of Rs.25,000/- (Rupees Twenty Five Thousand only),
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Crl.A.No.178 of 2022
with two sureties, each for a like sum to the
satisfaction of the learned Principal District &
Sessions Judge, Salem.
(b) the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the
learned Magistrate may obtain a copy of their Aadhar
Card or Bank Pass Book to ensure their identity;
(c) the appellant is directed to appear before the
learned Judicial Magistrate No.I, Nagapattinam, daily
at 10.00 a.m., until further orders;
(d) the appellant shall not tamper with evidence
or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions,
the learned Judicial 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];
(f) if the accused thereafter absconds, a fresh
FIR can be registered under Section 229A IPC.
9. In the result, the order passed by the learned Principal
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Crl.A.No.178 of 2022
Sessions Judge, Salem in Crl.M.P.No.4326 of 2021 dated 26.11.2021 is
set aside and the Criminal Appeal is accordingly allowed.
04.04.2022
(2/3)
Index : Yes/No
Internet : Yes/No
Speaking/Non speaking order
rts
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Crl.A.No.178 of 2022
To
1.The Principal Sessions Judge,
Salem.
2.The Deputy Superintendent of Police,
Salem, Salem District.
3.The Inspector of Police,
Kitchipalayam Police Station,
Salem City.
4.The Superintendent,
Central Prison,
Coimbatore.
5.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.178 of 2022
R.PONGIAPPAN, J.
rts
Crl.A.No.178 of 2022
04.04.2022
(2/3)
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