Madras High Court
P.Gopi @ Gopinath vs The State on 4 April, 2022
CRL.A.(MD).No.207 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.A.(MD).No.207 of 2022
P.Gopi @ Gopinath ... Appellant/Petitioner/
Accused No.7
Vs.
1.The State,
Represented by,
The Assistant Commissioner of Police,
Tallakulam Range,
Koodalpudur Police Station,
Madurai City,
Madurai District. ... Respondent/Respondent
Complainant
2.Arumugam ... 2nd Respondent/Respondent
Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 14(A)(2) of
the Schedule Castes and Tribes Prevention of Atrocities Act, 1989
and Amended by Act 1 of 2016, to set aside the order of the learned
III Additional District and Sessions Judge (PCR), Madurai in
Crl.M.P.No.216 of 2022 dated 23.02.2022 and enlarge the appellant
on bail in connection with Spl.S.C.No.173 of 2021 on the file of the
III Additional District and Sessions Judge (PCR), Madurai in Crime
No.212 of 2021 on the file of the first respondent police forthwith.
1/8
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CRL.A.(MD).No.207 of 2022
For Appellant : Mr.J.Sankara Pandian
For R – 1 : Ms.M.Aasha
Government Advocate (crl.side)
For R – 2 : No appearance
JUDGMENT
This Criminal Appeal has been filed to set aside the order of
the learned III Additional District and Sessions Judge (PCR),
Madurai in Crl.M.P.No.216 of 2022 dated 23.02.2022 and enlarge
the appellant on bail in connection with Spl.S.C.No.173 of 2021 on
the file of the III Additional District and Sessions Judge (PCR),
Madurai in Crime No.212 of 2021 on the file of the first respondent
police forthwith.
2.There are totally 10 accused, in which, the appellant is
arraigned as A.7.
3.The case of the prosecution is that on 11.04.2021 at about
12.15 hours, the second respondent/defacto complainant lodged a
complaint before D3 Koodal Pudur Police Station stating that he
belongs to Hindu Arunthathiyar Community coming under the
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CRL.A.(MD).No.207 of 2022
category of Scheduled Caste. His son Praveen Kumar, after
completing H.Sc, was working in a fish shop at Arapalayam. One
Jeeva was friend of his son. While so, there was quarrel arose
between Jeeva and one Muruganantham and the said
Muruganantham was also in enmity with Praveen Kumar. Few days
ago, Muruganantham compromised with his son. Four days prior to
the incident, he went along with his friends and he did not return to
house for 3 days and returned to his house only on 10.04.2021
morning. Hence, he warned his son Praveen Kumar to stay in the
house itself. On 11.04.2021 at about 10.00 hours a phone call was
received. Immediately, he went out of his house. At that time,
Muruganantham @ Anandth, Vettaiyan @ Ayyankalai, Kozhi @
Boominathan, Ajith @ Quarter, Raja, Suryaprakash @ Kallu and few
others, who were standing outside the house of the defacto
complainant taken his son Praveen Kumar along with them.
Thereafter, at about 11.00 hours one Ragupathy called his wife over
phone and informed that her son Praveen Kumar found dead with
various cut injuries near Karisalkulam channel. Immediately, he
rushed there and found that his son Praveen Kumar was murdered.
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CRL.A.(MD).No.207 of 2022
4.Based on the above complaint F.I.R has been registered in
Crime No.212 of 2021 for the offence under Sections 147, 149 and
302 of I.P.C against Muruganantham @ Anandth, Ayyankalai
(Vettaiyan), Boominathan (Kozhi), Ajith (Quarter), Raja,
Suryaprakash (Kallu) and others by Koodal Pudur Police Station.
During the course of preliminary investigation, the witnesses stated
that the deceased belong to Scheduled Caste Community and the
accused are belonging to various Communities and the accused
have committed communal atrocities, the Inspector of Police, Koodal
Pudur altered the Sections of Crime No.212 of 2021 from 147, 149
and 302 of I.P.C to 147, 149 and 302 of I.P.C and Section 3(1)(r),
3(1)(s), 3(2)(va) of SC/ST (POA) Act and sent a report to the
Deputy Commissioner of Police, Madurai City on 12.04.2021 in order
to appoint a competent authority to investigate the case. As such,
the first respondent has been appointed as Investigating Officer.
5.The learned counsel appearing for the appellant further
submitted that the appellant surrendered before the learned District
Munsif cum Judicial Magistrate, Peraiyur on 22.07.2021. Thereafter,
he was taken to police custody from 02.08.2021 to 04.08.2021 and
his confession statement was recorded before the Village
Administrative Officer on 03.08.2021. After completion of
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CRL.A.(MD).No.207 of 2022
investigation, the first respondent filed a final report and the same
has been taken cognizance in Spl.S.c.No.173 of 2021 on the file of
the III Additional District and Sessions Court (PCR), Madurai and the
case is now posted for issuance of copies on 10.05.2022.
6.The learned Government Advocate (Criminal Side)
appearing for the first respondent would submit that on the
confession of other accused, the weapons and other material
objects were recovered. The sixth accused attacked one Abishek
Singh in the year 2018 while playing cricket. In order to wreak
vengeance, the said Abishek Singh murdered the brother of A.6.
The appellant herein is the close friend of A.6 and also
brother-in-law. Therefore, they decided to wreak vengeance. While
being so, the fifth accused while he was in jail in some other case,
his movement was watched by the said Abishek Singh in jail and
also the deceased, who is friend of Abishek Singh watched his
movement after came out on bail. The sixth accused and the
appellant herein along with other accused persons have conspired
together to murder the deceased.
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CRL.A.(MD).No.207 of 2022
7.Heard the learned counsel appearing for the petitioner and
the learned Government Advocate (Criminal Side) appearing for the
respondent and perused the materials available on record.
8.On a perusal of charge-sheet revealed that the appellant
conspired with A.6 and murdered the deceased along with A.1 to
A.5. However, the Court below dismissed the bail petition on the
ground that so far the petitioner involved in eight cases and all the
cases are grave in nature. A.2 to A.4 were released on bail on
default clause under Section 167(2) of Cr.P.C. Insofar as A.6 is
concerned, who also stand in the same footing of the appellant
herein, he was also granted bail.
9.Considering the above facts and circumstances of the case
and the period of incarceration by the appellant from the date of his
surrender namely 22.07.2021, this Court is inclined to allow the
Criminal Appeal by setting aside the order, dated 23.02.2022 made
in Cr.M.P.No.216 of 2022 on the file of the learned III Additional
District and Sessions Judge (PCR), Madurai.
10.Accordingly, the Criminal Appeal is allowed and the order,
23.02.2022 made in Cr.M.P.No.216 of 2022 on the file of the learned
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CRL.A.(MD).No.207 of 2022
III Additional District and Sessions Judge (PCR), Madurai, is set
aside. The appellant is ordered to be released on bail on his
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with two blood sureties, each for a like sum to the
satisfaction of the learned III Additional District and Sessions Judge
(PCR), Madurai and on further condition that:
[a] the appellant shall appear before the
trial Court in Spl.S.C.No.173 of 2021 on the
file of the III Additional District and Sessions
Judge (PCR), Madurai twice at 10.30 a.m and
02.30 p.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 appellant released on
bail by the Trial Court itself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State
of Kerala [(2005)AIR SCW 5560].
04.04.2022
Index: Yes/No
Internet: Yes/No
ps
Note:- Issue Order copy on 06.04.2022.
https://www.mhc.tn.gov.in/judis
CRL.A.(MD).No.207 of 2022
G.K.ILANTHIRAIYAN, J.
ps
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 III Additional District and Sessions Judge (PCR),
Madurai.
2.The Assistant Commissioner of Police,
Tallakulam Range,
Koodalpudur Police Station,
Madurai City,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
CRL.A.(MD).No.207 of 2022
04.04.2022
https://www.mhc.tn.gov.in/judis
