Karuppasamy vs The Deputy Superintendent Of ...
2022 Latest Caselaw 7334 Mad

Citation : 2022 Latest Caselaw 7334 Mad
Judgement Date : 7 April, 2022

Madras High Court

Karuppasamy vs The Deputy Superintendent Of ... on 7 April, 2022

                                                                           Crl.A(MD) No. 241 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.04.2022

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                            Crl.A(MD)No. 241 of 2022

                     1.Karuppasamy
                     2.Velmurugan                                    ... Petitioners/
                                                                         Accused Nos.1 & 2

                                                        Vs.


                     1.The Deputy Superintendent of Police,
                       Thoothukudi Rural,
                       Thoothukudi District.                           ... 1st Respondent/
                                                                          Investigating Officer

                     2.The Inspector of Police,
                       Murappanadu Police Station,
                       Thoothukudi District.
                       (Crime No.47 of 2022)                          ... 2nd Respondent/
                                                                          Complainant

                     3.Sekar                                          ... 3rd Respondent/
                                                                          Defacto Complainant

                     PRAYER: The Criminal Appeal is filed under Section 14-A(ii) of SC/ST
                     (POA) Act, 1989, to call for the records pertaining to the order, dated
                     17.03.2022 made in Cr.M.P.No.287 of 2022 on the file of the Special Court
                     for Trial of Cases under SC/ST (POA) Act, Thoothukudi and set aside the


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https://www.mhc.tn.gov.in/judis
                                                                                Crl.A(MD) No. 241 of 2022


                     same and enlarge the appellants on bail in connection with Crime No.47 of
                     2022 on the file the second respondent.


                                  For Appellants     : Mr.T.Lenin Kumar
                                  For Respondents    : Mrs.M.Aasha
                                                      Government Advocate (Criminal Side)
                                                       for R.1 & R.2


                                                       JUDGMENT

The present Criminal Appeal has been filed to call for the records

pertaining to the order, dated 17.03.2022 made in Cr.M.P.No.287 of 2022

on the file of the Special Court for Trial of Cases under SC/ST (POA) Act,

Thoothukudi and set aside the same and enlarge the appellants on bail in

connection with Crime No.47 of 2022 on the file the second respondent.

2. The case of the prosecution is that on 27.02.2022, the third

respondent lodged a complaint before the second respondent Police stating

that on 27.02.2022, when the third respondent was standing in front of his

house, the petitioners came in a two-wheeler and abused the third

respondent using filthy language and also attacked him with hands and iron

gate. Therefore, the present FIR came to be registered.

https://www.mhc.tn.gov.in/judis Crl.A(MD) No. 241 of 2022

3. Thereafter, the petitioner moved the bail application before the

learned Special Court for Trial Cases under SC/ST (POA) Act, Thoothukudi

in Cr.M.P.No.287 of 2022 and the same was dismissed on 17.03.2022.

4. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Criminal Side) appearing for the

respondents 1 and 2 and perused the materials available on record.

5. Considering the above facts and circumstances of the case, this

Court is inclined to allow the Criminal Appeal by setting aside the order,

dated 17.03.2022 made in Cr.M.P.No.287 of 2022 on the file of the learned

Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi.

6. Accordingly, the Criminal Appeal is allowed and the order,

dated 24.02.2022 made in Cr.M.P.No.396 of 2022 on the file of the learned

learned Special Court for Trial Cases under SC/ST (POA) Act,

Thoothukudi, is set aside. The appellants are ordered to be released on bail

on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) each with two blood related sureties, each for a like sum to

the satisfaction of the learned Special Court for Trial of Cases under SC/ST

https://www.mhc.tn.gov.in/judis Crl.A(MD) No. 241 of 2022

(POA) Act, Thoothukudi, and on further condition that:

[a] the appellant shall stay at Karur, Pasupathipalayam Police Station, daily at 10.30 a.m. and 05.30 p.m, till the disposal of the trial;

[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 itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].



                                                                          07.04.2022
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                     Internet : Yes/No
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