Madras High Court
S.B. Gandhi vs The Deputy Superintendent Of ... on 18 August, 2022
Crl.A.No. 874 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No. 874 of 2022
S.B. Gandhi ... Appellant
Versus
1.The Deputy Superintendent of Police,
Gummidipoondi Sub Division,
Gummidipoondi
Thiruvallur District.
2.State by;
The Inspector of Police,
Kavarapettai Police Station
Thiruvallur Distric
(Crime No. 75 of 2022) ... Respondents
Criminal Appeal filed under Section 14(A) (2) of the Scheduled
Castes and Schedule Tribes Amendment Act, 2015, praying to set aside
the order passed by the learned Principal District and Sessions Judge,
Thiruvallur District, made in Crl.M.P.No.2796 of 2022, dated 27.07.2022
and enlarge the appellant on bail concerned in Crime No. 75 of 2022 on
the file of the Inspector of Police, Kavarapettai Police Station, Thiruvallur
District.
1/6
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Crl.A.No. 874 of 2022
For Petitioner : Mr.S. Udhayakumar
For RR 1 & 2 : Mr.S.Vinoth Kumar,
Government Advocate (Crl.side)
----
JUDGMENT
This appeal is filed aggrieved by the order of the learned Principal
District and Sessions Judge, Thiruvallur District, dated 27.07.2022 made
in Crl.M.P.No.2796 of 2022, in and by which, the prayer of the petitioner,
to enlarge him on bail, was rejected.
2.The gist of the allegation is that the petitioner/accused abused the
de-facto complainant by calling his caste name by using filthy language
and threatened him. Therefore, the case is registered against the
petitioner/accused under Sections 341, 294(b), 506 Part-I IPC and
Sections 3(1)(r) and 3(1)(s) of the SC and ST (Prevention of Atrocities)
Amendment Act, 2015.
3. The learned counsel for the petitioner submitted that the
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Crl.A.No. 874 of 2022
allegation against the petitioner is that the petitioner abused the de-facto
complainant and abused him by using his caste name and also threatened
the de-facto complainant. He further submitted that the petitioner is in
prison from 08.07.2022.
4. The learned Government Advocate (Criminal Side) appearing for
the respondents submitted that the petitioner was arrested and remanded
from 08.07.2022.
5. Notice was served on the de-facto complainant. None appeared
on behalf of him.
6.I have considered the allegations made in this case and
considering the nature of allegations and the fact that the petitioner was
arrested and he is in judicial custody from 08.07.2022, I am of the view
that this is a fit case for enlargement of the petitioner on bail.
7.Therefore, the criminal appeal is allowed. Order of the learned
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Crl.A.No. 874 of 2022
Principal District and Sessions Judge, Thiruvallur District, dated
27.07.2022 in Crl.M.P.No. 2796 of 2022 is set aside. The petitioner is
enlarged on bail on the following conditions.
(a) The petitioner 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 Trial Court;
(b) The petitioner 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 petitioner shall report before the second
respondent/Inspector of Police every day at 10.30 a.m. for a
period of four weeks.
8.Accordingly, this Criminal Appeal is allowed.
18.08.2022
Index : yes/no
speaking/Non-speaking order
Note: Issue Order copy today (18.08.2022)
To
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Crl.A.No. 874 of 2022
1.The Principal District and Sessions Judge,
ThiruvallurDistrict.
2.The Deputy Superintendent of Police,
Gummidipoondi Sub Division,
Gummidipoondi
Thiruvallur District.
3. The Inspector of Police,
Kavarapettai Police Station
Thiruvallur Distric
(Crime No. 75 of 2022)
4.The Public Prosecutor,
High Court of Madras, Chennai.
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Crl.A.No. 874 of 2022
D.BHARATHA CHAKRAVARTHY, J.
msm
Crl.A.No.874 of 2022
18.08.2022
https://www.mhc.tn.gov.in/judis
