Madras High Court
Manikandan vs The State Rep. By on 12 December, 2022
Crl.A(MD)No.833 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.12.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.833 of 2022
Manikandan ... Petitioner/Accused No.1
Vs.
1.The State rep. by
The Deputy Superintendent of Police,
Periyakulam Sub Division,
Theni District.
2.The Inspector of Police,
Thenkarai Police Station,
Theni District.
Crime No.425 of 2022 ... Respondents 1 & 2/Complainant
3.Velmurugan ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), 2014, Amendment Act 1 of
2016, to set aside the order made in Crl.M.P.No.1227 of 2022 on the file of
the Special Court of Trial of cases under SC/ST (POA) Act, Theni, dated
21.11.2022 and allow the appeal and enlarge the appellant on bail.
For appellant : Mr.M.Sankar
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : Mrs.M.Manimegalai
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Crl.A(MD)No.833 of 2022
JUDGMENT
Heard the learned Counsel appearing for the appellant, learned
Government Advocate (Crl. Side) appearing for the respondents 1 & 2 and
the learned counsel appearing for the third respondent.
2.This Criminal Appeal has been filed to call for the records and
set-aside the order passed by the learned learned Sessions Judge, Special
Court for Trial of SC / ST (PoA) Act Cases, Theni District, dated 21.11.2022
made in Cr.M.P.No. 1227 of 2022 and enlarge the appellant on bail.
3.The appellant, who was arrested and remanded to judicial custody
on 25.10.2022, for the offences punishable under Sections 147, 294(b), 323,
324, 506(i) IPC, Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA)
Amendment Act 2015, in Crime No.425 of 2022 on the file of the respondent
police, seek appeal bail.
4.The case of the prosecution is that the defacto complainant lodged a
complaint stating that he was called by one Manikandan using pet name. At
that time, the above said person picked up quarrel and later he left the matter
as such. As to the above said occurrence on 24.10.2022 at about 09.00 a.m.,
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Crl.A(MD)No.833 of 2022
when he was returned to his house, after purchasing some articles, again the
above said Manikandan picked up quarrel, who was joined by other accused
persons, abused and called the defacto complainant by his caste name,
criminally intimidated and caused assault upon him with brick. Based upon
the above said complaint, the case has been registered against the appellant
and he was arrested and remanded into judicial custody on 25.10.2022. Ever
since he is in custody. He moved an application seeking bail before the
Special Court, Theni. The same was dismissed. Against which, the present
appeal has been filed.
5.The learned Government Advocate (Crl. Side) would submit that the
injured person has been discharged from the hospital. The learned counsel
for the defacto complainant submitted that only after taking treatment for five
days only, he was discharged from the hospital. She also submits that if the
appellant is released on bail, he may again give trouble to the defacto
complainant and vehemently opposed the grant of bail to the appellant.
6.It appears that the fourth accused in this case has been released on
bail by the concerned Special Court. It is a petty issue between the parties.
Out of which two incidents happened. Considering the period of
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Crl.A(MD)No.833 of 2022
incarceration, this Court is inclined to allow this appeal and grant bail to the
appellant with certain conditions.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
21.11.2022 made in Crl.M.P.No.1227 of 2022 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni
District, is set aside. The appellant is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties, each for a like sum to the satisfaction of the learned Sessions
Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District,
and on further condition that:
[a] the appellant shall file an undertaking affidavit to the effect that
he will not make any trouble to the defacto complainant in future;
[b] the appellant shall appear before the concerned court, daily 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 not abscond either during investigation or
trial;
[e] On breach of any of the aforesaid conditions, the 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 the Trial Court itelf as laid down by the Hon'ble Supreme Court in
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Crl.A(MD)No.833 of 2022
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
12.12.2022
Index : Yes/No
Internet : Yes/No
TM
To
1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases,
Theni District.
2.The Deputy Superintendent of Police,
Periyakulam Sub Division,
Theni District.
3.The Inspector of Police,
Thenkarai Police Station,
Theni District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.833 of 2022
G.ILANGOVAN,J.
TM
Crl.A(MD)No.833 of 2022
12.12.2022
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