Madras High Court
Muthukumar vs The Deputy Superintendent Of ... on 11 August, 2022
Crl.A.Nos.825 & 826 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.825 & 826 of 2022
Muthukumar ... Appellant in Crl.A.No.825 of 2022
Palanivel ... Appellant in Crl.A.No.826 of 2022
Versus
1. The Deputy Superintendent of Police,
Mayiladuthurai Division,
Mayiladuthurai District.
2. The State represented by,
The Inspector of Police,
Mayiladuthurai Police Station,
Mayiladuthurai.
3. T.Sudha ... Respondents in both Crl.As'
Prayer in both Crl.A.s': Criminal Appeal filed under Section 14 (A) of
the Scheduled Castes and the Schedule Tribes Act, 1989 to call for the
records pertaining to the orders dated 21.07.2022 made in
Crl.M.P.Nos.1908 of 2022 and 2007 of 2022 on the file of the Principal
District and Sessions Judge, Nagapattinam and to set aside the same and
consequently enlarge the appellants on bail pending investigation in Crime
No.465 of 2022 on the file of the respondent.
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For Appellants : Mr.S.Sivakumar
for Mr.Ali Hassan Khan
For Respondent : Mr.S.Vinoth Kumar,
Nos.1 & 2 Government Advocate (Crl.Side)
COMMON JUDGMENT
These appeals arise out of the same case, having been filed by the
Accused Nos.1 and 6 in Crime No.465 of 2022 on the file of the
respondent police, aggrieved by the order of the learned Principal District
and Sessions Judge, Nagapattinam in rejecting the prayer for grant of bail.
2. The gist of the allegations as per the case of the prosecution is that
knowing to the dispute as to the entitlement of the land, when the defacto
complainant and her husband were living in the said site, forcibly all the
accused entered into the site premises, destroyed the property and also
taken away the valuable goods and tried to hurt them with Arival and
thereafter, with a threat and abused them in filthy language by shaming
them with their caste name. Based on the complaint given by the defacto
complainant, a case was registered in Crime No.465 of 2022 for the
offences under Section 294(b), 427, 324, 379 & 506(ii) of IPC r/w Sections
3 (1) (r), 3 (1) (s) and 3 (2) (va) of the SC and ST (Prevention of
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Crl.A.Nos.825 & 826 of 2022
Atrocities) Amendment Act, 2015 and Section 25(1A) of Indian Arms Act.
The 1st accused Palanivel, who is the appellant in Crl.A.No.826 of 2022
was arrested on 08.06.2022 and the 6th accused Muthukumar, who is the
appellant in Crl.A.No.825 of 2022 was arrested on 14.06.2022.
3. After considering the nature of the allegations and considering the
stage of the investigation, I am of the view that this is a fit case for
enlarging the petitioners on bail. As a matter of fact, notice is also served
on the respondent/defacto complainant and none appeared on behalf of her
today.
4. Learned Government Advocate (Crl.Side) submits that in the event
of grant of bail, in view of the volatile situation, they may be directed to
stay outside.
5. In view of the above, these Criminal Appeals are allowed and the
orders of the learned Principal District and Sessions Judge, Nagapattinam
dated 21.07.2022 made in Crl.M.P.Nos.1908 of 2022 and 2007 of 2022
are set aside. Accordingly, the appellants are enlarged on bail on the
following conditions:-
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Crl.A.Nos.825 & 826 of 2022
(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 Special Sessions
Judge SC/ST (POA) Court, Nagapattinam.
(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;
(c) the appellants shall stay at Nagapattinam and report before the
Inspector of Police, Nagapattinam Police Station, everyday at 10.30 a.m.,
for a period of eight weeks and thereafter, as and when required for
interrogation.
(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.
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Crl.A.Nos.825 & 826 of 2022
(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.
5. These Criminal Appeals are allowed accordingly.
11.08.2022
Index : Yes/No
Internet: Yes /No
Speaking/Non-speaking order
rgi
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Crl.A.Nos.825 & 826 of 2022
To
1.The Special Sessions Judge SC/ST (POA) Court,
Nagapattinam.
2. The Principal District and Sessions Judge,
Nagapattinam.
3. The Superintendent,
Central Prison,
Trichy.
4. The Deputy Superintendent of Police,
Mayiladuthurai Division,
Mayiladuthurai District.
5. The State represented by,
The Inspector of Police,
Mayiladuthurai Police Station,
Mayiladuthurai.
6.The Public Prosecutor,
High Court, Madras.
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D.BHARATHA CHAKRAVARTHY, J.
rgi
Crl.A.Nos.825 & 826 of 2022
11.08.2022
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