Madras High Court
Ajithkumar vs The Deputy Superintendent Of ... on 17 August, 2022
Crl. A.(MD)No.471 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.471 of 2022
Ajithkumar ... Appellant/Petitioner/Accused No.2
Vs.
1.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai.
2.The State represented by
The Inspector of Police,
Y.Othakadai Police Station,
Madurai District.
(Crime No.590 of 2021) ... Respondents 1 & 2/Complainants
3.Guruvammal ...3rd Respondent/Defacto Complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of SC/ST (POA) Act,
1989 as amended by Act 1 of 2016, to call for the records pertaining to the order
dated 22.07.2022 in Crl.M.P.No.1592 of 2022 in Spl.S.C.No.32 of 2022 on the file
of the III Additional District Court (PCR), Madurai, and to set aside the same and
enlarge the appellant on bail in connection with Crime No.590 of 2021 on the file of
the respondent police by allowing this criminal appeal.
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Crl. A.(MD)No.471 of 2022
For Appellant : Mr.R.L.Dhilipan Pandian
For Respondents : Mr.B.Nambi Selvan
Additional Public Prosecutor for R1 and R2
M/s.Annie Mohana for R3
********
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed by the
learned III Additional District and Sessions Judge (PCR), Madurai, in Crl.M.P.No.
1592 of 2022 in Spl.S.C.No.32 of 2022, dated 22.07.2022.
2. The case of the prosecution is that on 03.11.2021, the appellant along
with other accused attacked the defacto complainant's husband by using deadly
weapons, due to that, the defacto complainant's husband was died on 04.11.2021.
Hence, the second respondent registered a case against the accused in Crime No.590
of 2021 for the offences under Sections 147, 148, 324, 307 and 302 IPC altered into
Sections 147, 148, 149, 342, 427 and 302 IPC r/w Section 3(2)(v) of SC/ST
(Prevention of Atrocities) Amendment Act, 2015, and Section 3 of TNPPDL Act.
3. The respondent police, after completing the investigation, has laid a
final report and the case was taken on file in Spl.S.C.No.32 of 2022 on the file of the
learned III Additional District and Sessions Judge (PCR), Madurai.
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Crl. A.(MD)No.471 of 2022
4. The learned counsel for the appellant would submit that the appellant
has been falsely implicated in this case and that the appellant is innocent and he has
not committed any offence as alleged by the prosecution. He would further submit
that that the appellant is in custody from 05.11.2021 onwards.
5. The learned Additional Public Prosecutor appearing for the respondents
1 and 2 would submit that the appellant is having four previous cases, in which, three
cases under IPC offences and one case under SC/ST Act. He would further submit
that charge sheet has been filed and the case was taken on file in Spl.S.C.No.32 of
2022 and the case is pending for framing of charges.
6. The learned counsel for the defacto complainant/third respondent has
raised objections to grant bail to the appellant.
7. Considering the above facts and circumstances of the case and also the
fact that the appellant is in judicial custody from 05.11.2021, this Court is inclined to
allow the Criminal Appeal by setting aside the order, dated 22.07.2022 made in
Crl.M.P.No.1592 of 2022 in Spl.S.C.No.32 of 2022 on the file of the learned III
Additional District and Sessions Judge (PCR), Madurai.
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Crl. A.(MD)No.471 of 2022
8. Accordingly, the Criminal Appeal is allowed and the order dated
22.07.2022 made in Crl.M.P.No.1592 of 2022 in Spl.S.C.No.32 of 2022 on the file
of the learned 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 Court (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
may obtain a copy of their valid identity card to ensure their identity.
[b]the appellant shall stay at Villuppuram and report
before the Inspector of Police, Villuppuram Town Police Station at
10:30 a.m., for a period of 30 days and thereafter appear before the
trial 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
action against the appellant in accordance with law as if the
conditions have been imposed and the appellant released on bail by
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Crl. A.(MD)No.471 of 2022
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].
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
17.08.2022
Index : Yes/No
Internet : Yes/No
csm
To
1.The Superintendent,
Central Prison,
Madurai.
2.The III Additional District and Sessions Judge (PCR),
Madurai.
3.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai.
4.The Inspector of Police,
Othakadai Police Station,
Madurai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.471 of 2022
K.MURALI SHANKAR, J.
csm
Crl. A.(MD)No.471 of 2022
17.08.2022
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