Madras High Court
T.P.Vinayagam vs The Deputy Superintendent Of ... on 17 August, 2022
Crl.A.Nos.843 & 844 of 2022
IN THE HIGH COURT OF JUDICATARE AT MADRAS
DATED : 17.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.Nos.843 and 844 of 2022
1.T.P.Vinayagam
2.Egamabaram @ Kavikannan
3.N.Jayaraman ... Appellants
in Crl.A.No.843 of 2022
1.Purushothaman
2.Kumar
3.Kamalakannan ... Appellants
in Crl.A.No.844 of 2022
Vs.
1.The Deputy Superintendent of Police,
Thiruvallur,
Thiruvallur District.
2.The State represented by
Inspector of Police,
R.K.Pettai Police Station,
Thiruvallur District.
(Crime No.156 of 2022).
3.Dhamotharan ... Respondents
in both appeals
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Crl.A.Nos.843 & 844 of 2022
Criminal Appeals in Crl.A.Nos.843 and 844 of 2022, filed under
Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, praying to call for the records in pursuant to
Crl.M.P.Nos.2707 and 2705 of 2022 vide order dated 18.07.2022 on the file of
the Principal District and Sessions Judge, Thiruvallur, Thiruvallur District, and
set aside the same and enlarge the petitioners on bail in Crime No.156 of 2022
pending on the file of the respondent Police.
For Appellants : Mr.M.Sathish Kumar
in both appeals
For R1 and R2 : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
in both appeals
COMMON JUDGMENT
These Criminal Appeals are filed by six of the accused in Cr.No.156
of 2022, aggrieved by the orders of the trial Court in refusing the prayer of the
appellants to grant bail for them.
2.The case of the prosecution against the appellants is that, on
24.06.2022, opposing the grant of patta in respect of Government lands, the
appellants came to the spot and picked up quarrel, and in the process, insulted
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Crl.A.Nos.843 & 844 of 2022
the members of the Scheduled Caste by calling their caste name and also
threatening them by showing dangerous weapons such as Sammatti, etc.
Accordingly, the case was registered under Sections 120B, 143, 147, 148, 149,
427, 447, 294(b), 353, 506(2) IPC and Sections 3(1)(g), 3(1)(s) and 3(2)(va) of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act,
1989.
3.I have perused the First Information Report. It is seen that the 1 st
accused in this case is arrested on 24.06.2022 and the 2nd accused is arrested on
07.07.2022. It is also brought to the notice of this Court that, by order in
Crl.M.P.No.3213 of 2022, dated 16.08.2022, the trial Court itself had released
all other accused, (16 persons) on bail. The learned Government Advocate
(Crl. Side) would submit that the investigation is still pending.
4.Considering all the above, I am of the view that the appellants are
entitled to be enlarged on bail. Therefore, the orders, dated 18.07.2022, made
in Crl.M.P.Nos.2707 and 2705 of 2022, by the Principal District and Sessions
Judge, Thiruvallur, Thiruvallur District, are set aside and these Criminal
Appeals are allowed on the following terms :
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Crl.A.Nos.843 & 844 of 2022
(a) the appellants are ordered to be released on bail, on
their executing a bond for a sum of Rs.25,000/- (Rupees twenty
five thousand only) each with two sureties each for a like sum to
the satisfaction of the District Munsif-cum-Judicial Magistrate,
Thiruvallur, Thiruvallur District.
(b) 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 report before the respondent
Police, daily at 10.30 a.m., for a period of four weeks;
(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
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Crl.A.Nos.843 & 844 of 2022
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 abscond, a fresh FIR can
be registered under Section 229A IPC.
17.08.2022
mkn
To
1.The Principal District and Sessions Judge,
Thiruvallur,
Thiruvallur District.
2.The District Munsif-cum-Judicial Magistrate,
Thiruvallur,
Thiruvallur District.
3.The Deputy Superintendent of Police,
Thiruvallur,
Thiruvallur District.
4.The Inspector of Police,
R.K.Pettai Police Station,
Thiruvallur District.
5.The Superintendent,
Thiruthani Sub-Jail,
Thiruvallur.
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Crl.A.Nos.843 & 844 of 2022
D.BHARATHA CHAKRAVARTHY, J.
mkn
6.The Public Prosecutor,
High Court, Madras.
Crl.A.Nos.843 and 844 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
