Madras High Court
Imran vs The Deputy Superintendent Of ... on 11 August, 2022
Crl.A.Nos.832 & 845 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.Nos.832 & 845 of 2022
1. Imran
2. Vijayendra
3. Subreeth ... Appellants in Crl.A.No.832 of 2022
Amar ... Appellant in Crl.A.No.845 of 2022
Versus
1. The Deputy Superintendent of Police,
Palacode,
Dharmapuri District.
2. The Inspector of Police,
Palacode Police Station,
Dharmapuri District.
(Crime No.235 of 2022)
3. Tamilmani ... Respondents in both Crl.As'
Prayer in Crl.A.No.832 of 2022 : Criminal Appeal filed under Section 14
(A) of the Scheduled Castes and the Schedule Tribes Act, 1989 to set aside
the order dated 18.07.2022 made in Crl.M.P.No.1304 of 2022 passed by the
Principal District Judge, Dharmapuri and to allow the above Criminal
Appeal by enlarging the appellant on bail.
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Prayer in Crl.A.No.845 of 2022 : Criminal Appeal filed under Section 14
(A) of the Scheduled Castes and the Schedule Tribes Act, 1989 to set aside
the order dated 20.07.2022 made in Crl.M.P.No.1339 of 2022 passed by the
Principal District and Sessions Judge, Dharmapuri and to allow the above
Criminal Appeal by enlarging the appellant on bail.
For Appellants : Mr.C.Prabakaran
For Respondent : Mr.S.Vinoth Kumar,
Nos.1 & 2 Government Advocate (Crl.Side)
COMMON JUDGMENT
These appeals are filed by the accused Nos.1 and 2 in Crime No.235
of 2022, aggrieved by the order of the learned Principal District Judge,
Dharmapuri in refusing bail to them.
2. The gist of the allegations as per the case of the prosecution is that
the 1st accused Amar and the injured witness viz., Madesh were all residing
in the same hostel, while undergoing their college education. The said
Madesh fell in love with the sister of the 1st accused Amar, viz., one
Sandhiya. Enraged by the same, since there was a caste difference, since the
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Crl.A.Nos.832 & 845 of 2022
said Madesh belongs to the Scheduled Caste Community, on the date of
occurrence, it is alleged that the A1 along with others joined together and
has kept knife in the throat of his own sister and causing minor injuries to
her. Thereafter proceeded towards hostel and picked up the said Madesh in
a car and again threatened him by brandishing a knife and thereafter released
him. Based on the complaint given by the defacto complainant, a case in
Crime No.235 of 2022 for the offences punishable under Sections 452, 323,
341, 364, 307 of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST
(Prevention of Atrocities) Amendment Act, 2015 and Section 3(2)(v) of the
SC/ST (Prevention of Atrocities) Act, 1989.
3. It is seen that both the accused in this case were arrested on
06.07.2022 and they are in prison. Despite the notice has also been served
on the defacto complainant, none appeared in this case.
4. Learned Government Advocate (Crl.Side) would submit that except
keep the knife to threaten, there was no other serious injury to the victim
Madesh.
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5. Considering the above submission and considering the overall facts
and circumstances of the case, I am of the view that this is a fit case for
grant of bail to the appellants pending the investigation. Accordingly, the
above Criminal Appeals are allowed and the orders of the Principal District
Judge, Dharmapuri made in Crl.M.P.No.1304 of 2022, dated 18.07.2022
and Crl.M.P.No.1339 of 2022, dated 20.07.2022 are set aside.
Accordingly, the appellants are enlarged on bail on the following
conditions:-
(a) the appellants are ordered to be released on bail, on 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 Principal District Judge,
Dharmapuri.
(b) the appellants and the sureties shall affix their photographs and left
thumb impressions in the surety bonds and the learned Magistrate may
obtain a copy of their Aadhar Cards or Bank Pass books to ensure their
identities;
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(c) the appellants shall report before the respondent Police, daily at
10.30 a.m., until further orders;
(d) the appellants shall not tamper with evidence or witness either
during investigation or trial;
(e) the appellants shall not abscond either during investigation or
trial;
(f) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
appellants in accordance with law as if the conditions have been imposed
and the appellants 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].
(g) If the accused thereafter absconds, a fresh FIR can be registered
under Section 229A IPC.
6. These Criminal Appeals are allowed accordingly.
11.08.2022
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Crl.A.Nos.832 & 845 of 2022
Index : Yes/No
Internet: Yes /No
Speaking/Non-speaking order
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To
1.The Principal District Judge, Dharmapuri
2. The Superintendent,
Sub-Jail,
Dharmapuri.
3. The Deputy Superintendent of Police,
Palacode,
Dharmapuri District.
4. The Inspector of Police,
Palacode Police Station,
Dharmapuri District.
5. The Public Prosecutor,
High Court, Madras.
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D.BHARATHA CHAKRAVARTHY, J.
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Crl.A.Nos.832 & 845 of 2022
11.08.2022
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