Madras High Court
Chinnadurai vs The Deputy Superintendent Of ... on 7 April, 2022
Crl.A.No.318 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.No.318 of 2022
Chinnadurai ...Appellant
Vs.
1. The Deputy Superintendent of Police,
Omalur Range,
Salem District.
2. The State rep. by
The Inspector of Police,
Tharamangalam Police Station,
Salem District.
(Crime No.108 of 2022)
3. Mohanprathap ... Respondents
PRAYER: Criminal Appeal filed under Section 14(A) (2) of the SC/ST
Act, 1989, to set aside the order made in Crl.M.P.No.975 of 2022 on the
file of the learned Principal Session Judge, Salem, dated 10.03.2022 in
Crime No.108 of 2022 on the file of the second respondent by allowing
the present appeal and enlarge the appellant on bail.
Page 1 of 8
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Crl.A.No.318 of 2022
For Appellant : Mr.B.Kumarasamy
For Respondents
For R1 & R2 : Mr.Leonard Arul Joseph Selvam,
Government Advocate(Crl. Side)
For R3 : No appearance
JUDGMENT
Being dissatisfied with the order dated 10.03.2022 made in
Crl.M.P.No.975 of 2022 on the file of the learned Principal Session
Judge, Salem, the appellant, who is arrayed as Accused No.5, in Crime
No.108 of 2022 on the file of the Tharamangalam Police Station, Salem,
has preferred this appeal and praying to enlarge him on bail.
2. The case of the prosecution is that there was a scuffle
between the defacto complainant and his neighbour Sakthi and due to the
same they were admitted in the hospital and after taking treatment, they
were discharged from the hospital. In continuation, on 15.02.2022 at
about 9.30 pm., the appellant and other accused came to the defacto
complainant's house and abused him with filthy language by using his
caste name. Further they attacked him with hands and legs. When the
defacto complainant's mother intervened, the accused Hemalatha pushed
down her and kicked her and caused simple injury. Hence the case.
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Crl.A.No.318 of 2022
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 petitioner is
the first offender and he is not having any previous bad antecedent.
Further more, the appellant is in the Judicial Custody from 17.02.2022
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 the investigation is
pending. However he fairly admits that a portion of investigation has
been completed and he prayed for dismissal of this appeal.
5. Under Section 15(A) of the SC/ST Prevention of Atrocities
Act, notice has been served to the defacto complainant and after receipit
of the same, none appeared on behalf of the defacto complainant.
6. The submissions made by the learned counsel appearing on
either side are considered.
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Crl.A.No.318 of 2022
7. The second respondent police registered a case as against
the appellant in Crime No.108 of 2022, for the offences punishable under
Sections 147, 148, 294(b), 323, 324 of IPC r/w Section 3(1)(r), 3(1)(s) of
SC/ST Prevention of Atrocities Act, 1989. The averments found in the
First Information Report disclose the fact that during the relevant point
of time, due to the result of wordy quarrel, the appellants and others
abused the defacto complainant and also attacked him. As a result of the
said incident, the defacto complainant sustained simple injury. As of
now, he has been discharged from the hospital after completing
treatment. Admittedly, the petitioner is the first offender and he is not
having any previous cases. More than that, the appellant is in judicial
custody from 17.02.2022 onwards and therefore in the said
circumstances for completing the investigation, further custody of the
appellant is not necessary.
8. 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.
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Crl.A.No.318 of 2022
9. 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),
with two sureties, each for a like sum to the
satisfaction of the learned Principal Session 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 report before the
second respondent police, daily at 10.30 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];
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Crl.A.No.318 of 2022
(f) if the accused thereafter absconds, a fresh
FIR can be registered under Section 229A IPC.
10. In the result, the order passed by the learned Principal
Session Judge, Salem in Crl.M.P.No.975 of 2022 dated 10.03.2022 is set
aside and the Criminal Appeal is accordingly allowed.
07.04.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non speaking order
rts
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Crl.A.No.318 of 2022
To
1.The Principal Session Judge, Salem
2. The Deputy Superintendent of Police,
Omalur Range,
Salem District.
3. The Inspector of Police,
Tharamangalam Police Station,
Salem District.
4.The Superintendent,
Central Prison,
Salem.
5.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.318 of 2022
R.PONGIAPPAN, J.
rts
Crl.A.No.318 of 2022
07.04.2022
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