Madras High Court
Paraman vs State Through on 11 April, 2022
CRL.A(MD).No. 343 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 04.07.2022
Pronounced on : 05.07.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.A(MD).No. 343 of 2022
Paraman : Appellant/A2
Vs.
1.State through
The Inspector of Police,
Checkkanurani Police Station,
Checkkanurani, Madurai.
Crime No.2058 of 2020.
2.The Deputy Superintendent of Police,
Usilampatti Sub Division,
Madurai District. : Respondents/Complainants
3.Nagajothi : Respondent/De-facto
Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, to set aside the order, dated 11.04.2022 made in
Crl.M.P.No.561 of 2022 in Spl.S.C.No.22 of 2021 on the file of the III
Additional District and Sessions Judge (PCR) Madurai and enlarge the
appellant on bail in Crime No.2058 of 2020 on the file of the first
respondent.
1/8
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CRL.A(MD).No. 343 of 2022
For Appellant : Mr.Santhakumaresan, V.
For R1 and 2 : Mr.B.Nambi Selvan,
Additional Public Prosecutor
For R3 : Mrs.R.Rajini
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.561 of 2022 in Spl.S.C.No.22 of 2021, dated 11.04.2022, on
the file of the III Additional District and Sessions Judge (PCR), Madurai.
2.A case in Crime No.2058 of 2020 was registered by the respondent
Police, against the appellant and eight other persons, under Sections 147,
148, 149, 302, 120(b), 34, 341, 342 IPC and 3 (2)(v) of SC/ST (POA) Act
and 83(2) of Juvenile Justice Act and the case was taken on file in
Spl.S.C.No.22 of 2021. Except this petitioner, all other accused were
released on bail, and the petitioner was in judicial custody for the past
more than 19 months. The appellant filed a petition for bail in Crl.M.P.
No.561 of 2022 and the same was dismissed by the learned III Additional
Sessions Judge, on 11.04.2022. Challenging the same, the appellant has
preferred this Criminal appeal.
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CRL.A(MD).No. 343 of 2022
3.The case of the prosecution is that the appellant along with eight
other accused had committed murder of one Senthil Kumar and the
appellant was alleged to have brought the victim to the occurrence place
and also prevented the deceased escaping from the scene of occurrence.
4.The learned counsel for the appellant would submit that the
appellant is in judicial custody for the past more than 19 months and that
except the appellant, all other accused were already released on bail.
5.The learned Additional Public Prosecutor appearing for the State
would submit that the investigation has already been completed and the
final report has already been laid and the case is now pending in
Spl.S.C.No.22 of 2021 on the file of the III Additional District and
Sessions Court (PCR) Madurai, that the appellant is the prime accused and
is having 10 previous cases and that if the appellant is released on bail,
there is some possibility of evading process of the Court and tampering
with the witnesses.
6.The learned counsel for the appellant would further submit that the
only overt act against the appellant is that he had brought the victim to the
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CRL.A(MD).No. 343 of 2022
alleged occurrence place and prevented the deceased from escaping the
scene of occurrence.
7. The learned Additional Public Prosecutor would further submit
that though the other accused were already released on bail, now NBWs
are pending against the some of the accused before the trial Court.
8.The third respondent/defacto complainant has filed a counter
affidavit raising objections to release the petitioner on bail.
9.The learned counsel for the third respondent would submit that the
petitioner, who have been taking bail as an easy way for committing
heinous crimes like brutal murder, would indulge in similar kind of
activities and that the defacto complainant/wife of the deceased is facing
life threat.
10.Considering the above facts and circumstances of the case and
also the facts that the appellant is in judicial custody for the past more than
19 months, that the charge sheet has already been filed and the case is
pending in Spl.S.C.No.22 of 2021 on the file of the III Additional District
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CRL.A(MD).No. 343 of 2022
and Sessions Judge (PCR) Madurai and that all other co-accused were
already released on bail, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 11.04.2022 made in Crl.M.P.No.
561 of 2021 on the file of the III Additional District and Sessions Judge
(PCR) Madurai.
11.Accordingly, the Criminal Appeal is allowed and the order, dated
11.04.2022 made in Crl.M.P.No.561 of 2022 on the file of the 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
sureties, each for a like sum to the satisfaction of the learned III Additional
District and Sessions Judge (PCR) Madurai, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Sessions Judge, Special
Court for trial of cases under SC/ST (POA) Act, Thoothukudi may obtain a
copy of their valid identity card to ensure their identity.
(b)the appellant is directed to appear before the trial Court on all
working days at 10:30 a.m., until further orders.
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CRL.A(MD).No. 343 of 2022
(c)the appellant shall not tamper with evidence or witness either
during investigation or trial.
(d)the appellant shall co-operate with the investigation.
(e)On breach of any of the aforesaid conditions, the learned
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].
....07.2022
Index : Yes : No
Internet : Yes : No
das
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CRL.A(MD).No. 343 of 2022
To
1.The III Additional District and Sessions Judge (PCR),
Madurai.
2.The Jail Superintendent, Central Prison,
Madurai.
3. The Inspector of Police,
Checkkanurani Police Station,
Checkkanurani, Madurai.
4.The Deputy Superintendent of Police,
Usilampatti Sub Division,
Madurai District.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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CRL.A(MD).No. 343 of 2022
K.MURALI SHANKAR,J.
das
CRL.A(MD).No. 343 of 2022
05.07.2022
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