Madras High Court
Ranjithkumar vs The Deputy Superintendent Of ... on 17 August, 2022
Crl. A.(MD)No.483 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 17.08.2022
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.483 of 2022
Ranjithkumar ... Appellant/Accused No.1
Vs.
State Through
1.The Deputy Superintendent of Police,
Peraiyur, Madurai District.
2.The Inspector of Police,
Saptur Police Station,
Madurai District.
In Crime No.115 of 2022
3.Nisanth ... Respondents
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 call for the
records relating to the order in Crl.M.P.No.1636 of 2022 dated 28.07.2022 on the file
of the learned III Additional District and Sessions Judge (PCR), Madurai and set
aside the same and grant bail to the appellant.
For Appellant : Mr.P.Praveenkumar
For R1 and R2 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R3 : Mr.I.Pinayagash
Legal Aid Counsel
1/6
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Crl. A.(MD)No.483 of 2022
JUDGMENT
This appeal has been filed to set aside the order passed in Crl.M.P.No.1636
of 2022 dated 28.07.2022, on the file of the learned III Additional District and
Sessions Judge (PCR), Madurai.
2.The case against the appellant is that on 22.07.2022 at about 07.00 a.m.,
due to previous enmity between the parties, the appellant along with other accused
persons attacked the third respondent with aruval. Due to which, he sustained simple
injury. Therefore, the second respondent registered a case against the appellant in
Cr.No.115 of 2022 for the offences under Sections 294(b), 323, 324 and 506(ii) IPC
and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015.
3.The learned counsel for the appellant would submit that the appellant is
innocent and he has been falsely implicated in this case. He would further submit
that the appellant is in judicial custody from 22.07.2022 onwards and that the other
accused have already been surrendered in pursuance of the direction of this Court
and obtained bail also.
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Crl. A.(MD)No.483 of 2022
4.The legal aid counsel for the third respondent/de-facto complainant
would submit that the third respondent is still having life threat and that he is having
serious objections to release the appellant on bail.
5.The learned Additional Public Prosecutor would submit that appellant is
having no previous case. He would further submit that the injured has been
discharged from the hospital.
6.Considering the above facts and circumstances of the case and also the
facts that the injured was already discharged from the hospital, that the appellant is
not having any previous case for similar or serious offence, that except the offence
under Section 506(ii) IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, other
offences are bailable in nature and that the appellant is in judicial custody from
22.07.2022, this Court is inclined to allow the Criminal Appeal by setting aside the
order, dated 28.07.2022 made in Crl.M.P.No.1636 of 2022, on the file of the learned
III Additional District and Sessions Judge (PCR), Madurai.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
28.07.2022 made in Crl.M.P.No.1636 of 2022 on the file of the learned III
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Crl. A.(MD)No.483 of 2022
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 condition that:
[a]the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned III Additional
District and Sessions Judge (PCR), Madurai, may obtain a copy of
their valid identity card to ensure their identity.
[b]the appellant shall stay at Villupuram and report before
the Inspector of Police, Villupuram Town Police Station, Villupuram
daily at 10:30 a.m., for a period of 30 days and thereafter, report
before the concerned Court on all working days at 10.30 a.m., until
further orders.
[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 Sessions Judge/Trial Court is entitled to take appropriate
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Crl. A.(MD)No.483 of 2022
action against the appellant in accordance with law as if the
conditions have been imposed and the appellant released on bail by
the learned Sessions Judge/Trial Court himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR
SCW 5560].
17.08.2022
Index : Yes/No
Internet : Yes/No
sji
To
1.The III Additional District and Sessions Judge (PCR), Madurai
2.The Deputy Superintendent of Police,
Peraiyur, Madurai District.
3.The Inspector of Police,
Saptur Police Station,
Madurai District.
4.The Inspector of Police,
Villupuram Town Police Station, Villupuram.
5.The Superintendent of Prison,
Central Prison, Madurai.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.483 of 2022
K.MURALI SHANKAR, J.
sji
Crl. A.(MD)No.483 of 2022
17.08.2022
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