Madras High Court
Iyyappan vs State Represented By on 18 August, 2022
Crl.A.No.856 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.856 of 2022
Iyyappan ... Appellant/accused
Vs.
1. State Represented by
Deputy superintendent of Police,
Rural Sub-Division,
Salem.
2. The Sub Inspector of Police,
Panamarathupatti Police Station,
Salem District.
3. Murugesan ... Respondents
Prayer: This Criminal Appeal filed under Section 14 (a) of the SC/ST Act
amended 2015, to set aside the order dated 25.07.2022, passed by the learned
Principal Sessions Judge, Salem in Crl.M.P.No.2665 of 2022 and enlarge the
appellant on bail in Crime No.87 of 2022 pending investigation on the file of
the 2nd respondent Police.
For Appellant : Mr.S.Shankar
For Respondents : Mr.S.Vinoth Kumar
Government Advocate (Crl. side)
(for R1 and R2)
No appearance for R3
https://www.mhc.tn.gov.in/judis
1/5
Crl.A.No.856 of 2022
JUDGMENT
This Appeal arising out of the order passed by the learned Principal
Sessions Judge, Salem in Crl.M.P.No.2665 of 2022 and praying to enlarge the
appellant on bail in Crime No.87 of 2022, pending investigation on the file of
the 2nd respondent Police.
2. Despite service of notice in this appeal, none appears on behalf of
the defacto complainant.
3. Today when the matter came up for hearing, it is represented by
the learned counsel appearing for the appellant that the allegations stated in
this appeal are that the appellant / accused called the defacto complainant by
his caste name and slapped on his face. The learned counsel would also submit
that the petitioner was arrested on 01.07.2022.
4. The learned Government advocate (Criminal Side) would confirm
the said facts and when this court asked about the previous antecedents, it is
submitted that there are no antecedents as against the appellant/accused.
https://www.mhc.tn.gov.in/judis
Crl.A.No.856 of 2022
5. In that view of the matter, this Court thought it fit to enlarge the
appellant on bail by setting aside the order dated 25.07.2022 passed by the
learned Principal Sessions Judge, Salem in Crl.M.P.No.2665 of 2022
accordingly Crl.M.P.No.2665 of 2022 is set aside. Therefore, the appellant
shall be enlarged on bail on the following conditions:
(a) the appellant is 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 learned Principal Sessions
Judge, Salem;
(b) the appellant 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 appellant shall appear before the respondent police as and
when required;
6. This Criminal Appeal is ordered accordingly.
18.08.2022
Note: Issue order copy today (18.08.2022)
Index: Yes/No
Speaking order/Non speaking order
vum
https://www.mhc.tn.gov.in/judis
Crl.A.No.856 of 2022
To
1. The Deputy superintendent of Police,
Rural Sub-Division,
Salem.
2. The Sub Inspector of Police,
Panamarathupatti Police Station,
Salem District.
3. The Principal sessions Judge, Salem
4. The Central Prison, Salem.
5.The Section Officer,
Criminal Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.A.No.856 of 2022
D.BHARATHA CHAKRAVARTHY,J.
vum
Crl.A.No.856 of 2022
18.08.2022
https://www.mhc.tn.gov.in/judis
