Guna Sekaran vs The State
2022 Latest Caselaw 18301 Mad

Citation : 2022 Latest Caselaw 18301 Mad
Judgement Date : 23 December, 2022

Madras High Court

Guna Sekaran vs The State on 23 December, 2022

CRL.A(MD)No.876 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

Crl.A(MD)No.876 of 2022

Guna Sekaran ... Appellant / 1st Accused
Vs.

1. The State, represented by
The Deputy Superintendent of Police,
Paramakudi,
Ramanathapuram District. ... 1st Respondent / Investigation
Officer

2. The Inspector of Police,
Paramakudi Taluk Police Station,
Ramanthapuram District.
(Crime No.246/2022). ... 2nd Respondent / Complainant

3. Chandra Sekar ... 3rd Respondent / Defacto
Complainant

Prayer: This Criminal Appeal has been filed under Section 14 (A) (2)
SC/ST (POA) Act, to call for the records relating to the impugned order
dated 09.12.2022 made in Cr.M.P.No.1149 of 2022 on the file of the
learned Sessions Judge, Special Court for Trial of Cases registered under
SC/ST (PoA) Act, 1989, Ramanathapuram, and to set aside the same and
consequently to release the appellant on bail in connection with the FIR
in Crime No.246 of 2022 on the file of the second respondent Police.

https://www.mhc.tn.gov.in/judis
CRL.A(MD)No.876 of 2022

For Appellant : Mr. Jeyakarthik.M.S

For Respondents : Mr. Suresh Kumar.R
Government Advocate (Crl.Side)
for 1 and 2

JUDGMENT

This Criminal Appeal has been filed to call for the records relating

to the impugned order dated 09.12.2022 made in Cr.M.P.No.1149 of

2022 on the file of the learned Sessions Judge, Special Court for Trial of

Cases registered under SC/ST (PoA) Act, 1989, Ramanathapuram, and to

set aside the same and consequently to release the appellant on bail in

connection with the FIR in Crime No.246 of 2022 on the file of the

second respondent Police.

2. Case of the prosecution in brief:

On 15.11.2022 at about 8 p.m., the defacto complainant

standing near liquor shop and taking alcohol. At that time, the accused

came there, abused the defacto complainant, picking up the quarrel and

on the next day on 16.11.2022 at about 6.15 p.m., again trouble raised

between them. As a result, the accused assaulted the defacto complainant

using brick stone. Based on the above said occurrence, complaint was

lodged and First Information Report was registered and so the accused

https://www.mhc.tn.gov.in/judis CRL.A(MD)No.876 of 2022

was arrested on 17.11.2022. The accused / appellant was filed bail

petition in Cr.M.P.No.1149 of 2022 before the concerned Court and the

same was dismissed on 09.12.2022, against which, the present appeal has

been preferred.

3. The learned counsel for the appellant would submit that co-

accused No.2 and 3 have already filed direction petition before this Court

in Crl.O.P(MD) No.22103 of 2022 and obtained direction vide order

dated 15.12.2022 for considering their bail application on merits on the

very same day of their surrender. The appellant is in custody for more

than 60 days.

4. The learned Additional Public Prosecutor would submit that if

the accused is released on bail, again the quarrel may arise injured has

been discharged from the hospital.

5. The learned counsel appointing for the defacto complainant

would submit that he has sustained injury on the right eyebrow region

and he is now taking treatment as outpatient in the eye hospital. He

further submitted that he will produce the report to show the nature of

injury and treatment, till then the appellant may be in custody. https://www.mhc.tn.gov.in/judis CRL.A(MD)No.876 of 2022

6. Considering the period of incarceration of the appellant, the

appellant is ordered to be released on bail on her executing a bond for a

sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties,

each for a like sum to the satisfaction of the learned Special Court for

trial of cases registered under SC/ST Act (PoA) Act, Ramanathapuram,

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 appellants shall report before the respondent police daily at 10:30 a.m., until further orders.

[c]the appellants shall not tamper with evidence or witness either during investigation or trial.

[d]the appellants 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 appellants in accordance with law as if the conditions have been imposed and the appellants released on bail by the learned Sessions https://www.mhc.tn.gov.in/judis CRL.A(MD)No.876 of 2022

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.

7.The appellant has also filed an undertaking affidavit that he will

not give any trouble to the defacto complainant in future. If any new case

is registered against the appellant, the order of bail granted by this Court

in this appeal shall stands cancelled automatically.

23.12.2022

Index : Yes / No Internet : Yes/ No indu

(Note :- Issue order copy on 23.12.2022)

To:

1. The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Paramakudi Taluk Police Station, Ramanthapuram District.