Madras High Court
Sonaikumar vs The State Rep. By on 23 December, 2022
Crl.A(MD)Nos.828 & 861 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.12.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)Nos.828 & 861 of 2022
Crl.A.(MD).No.828 of 2022
1.Sonaikumar
2.Sonaipandi
3.Muneeswaran .. Appellants/Accused 3, 5 & 6
Vs.
1.The State rep. by
The Deputy Superintendent of Police,
Peraiyur,
Madurai District.
2.The State rep. by
The Inspector of Police,
V.Chatrapatti Police Station,
Madurai District.
(Crime No.52 / 2022) ... 2nd Respondent/Complainants
3.Pandiyarajan ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Amendment
Act 1 of 2016, to call for the records relating to the impugned order dated
15.11.2022 made in Cr.M.P.No.2965 of 2022 on the file of the learned III
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.828 & 861 of 2022
Additional District and Sessions Judge (PCR Act Cases), Madurai, and to set
aside the same and consequently release the appellants on bail connection
with the FIR in Crime No.52 of 2022, on the file of the 2nd respondent police.
For appellant : Mr.D.Duraipandi
For R-1 & R-2 : Mr.B.Nambiselvan
Additional Public Prosecutor
For R3 : Mr.S.Poorna Chandran
Legal aid counsel
Crl.A.(MD).No.861 of 2022
Veerapandi @ Kannan ... Appellant/Accused No.1
Vs.
1.The State rep. by
The Deputy Superintendent of Police,
Peraiyur,
Madurai District.
2.The State rep. by
The Inspector of Police,
V.Chatrapatti Police Station,
Madurai District.
(Crime No.52 / 2022) ... 2nd Respondent/Complainants
3.Pandiyarajan ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Amendment
Act 1 of 2016, to call for the records relating to the impugned order dated
16.11.2022 made in Cr.M.P.No.3021 of 2022 on the file of the learned III
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.828 & 861 of 2022
Additional District and Sessions Judge (PCR Court), Madurai, and to set
aside the same and consequently release the appellant on bail connection with
the FIR in Crime No.52 of 2022, on the file of the 2nd respondent police.
For appellant : Mr.D.Rameshkumar
For R-1 & R-2 : Mr.B.Nambiselvan
Additional Public Prosecutor
COMMON JUDGMENT
These Criminal Appeals have been filed against the orders that have
been passed by the learned learned III Additional District and Sessions Court
(PCR), Madurai, in Cr.M.P.Nos.2965 & 3021 of 2022 and enlarge the
appellants on bail.
2.The appellants in both appeals, who were arrested and remanded
to judicial custody on 25.10.2022, for the offences punishable under Sections
147, 148, 294(b), 323, 324, 307, 302, 506(ii) of IPC and Section 3(2)(v) of
SC/ST (POA) Act, in Crime No.52 of 2022 on the file of the respondent
police, seek appeal bail.
3.The case of the prosecution as mentioned in the FIR is that on
22.10.2022, the defacto complainant visited his native place. At that time, on
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.828 & 861 of 2022
24.10.2022 at about 1.30 p.m., he along with his friends went to TASMAC
shop for purchase the liquor. At that time counter party came their and picked
up quarrel and hit by two wheeler. Over the above said issue trouble has
arisen between two groups. It ended in causing assault with each other. The
first accused in this matter alleged to have made assault upon the deceased
with wooden log. He died on the spot. The co-accused assaulted the defacto
complainant and others with wooden logs. They all sustained injuries. Over
which case in counter has been registered in Crime No.53 of 2022. Reading
of the counter case FIR, it shows that there was a trouble between two groups.
It appears that there is no previous motive. In drunken mood there is a clash
between them.
4.The learned Additional Public Prosecutor submitted that the first
accused is having three previous cases and the 3rd and 4th accused is having
previous bad antecedents. The counsel for the defacto complainant submitted
that if the appellants are released on bail, there is every likelihood in
threatening the defacto complainant party, he made strong objections.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.828 & 861 of 2022
5.Considering the period of incarceration and since there was no
previous motive and there was sudden quarrel between two group of people
in drunken mood, this Court is inclined to allow these appeals and grant bail
to the appellants with certain conditions.
6.Accordingly, the Criminal Appeals are allowed and the order, dated
15.11.2022 made in Crl.M.P.No.2965 of 2022 and dated 16.11.2022 made in
Crl.M.P.No.3021 of 2022, on the file of the learned III Additional District
and Sessions Judge, (PCR Court), Madurai District, are hereby set aside. The
appellants in both appeals are ordered to be released on bail on their
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 III
Additional District and Sessions Judge, (PCR Court), Madurai, and on
further condition that:
[a] the appellants shall appear before the concerned court, daily at
10:30 a.m. until further orders;
[b] the appellants shall not tamper with evidence or witness either
during investigation or trial;
[c] the appellants shall not abscond either during investigation or
trial;
[d] On breach of any of the aforesaid conditions, the Trial Court is
entitled to take appropriate action against the appellants in accordance with
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Crl.A(MD)Nos.828 & 861 of 2022
law, as if the conditions have been imposed and the appellants released on
bail by the Trial Court itelf as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
23.12.2022
Index : Yes/No
Internet : Yes/No
TM
To
1.The III Additional District and Sessions Judge, Special Court for PCR
Cases, Madurai,
2.The Deputy Superintendent of Police,
Peraiyur,
Madurai District.
3.The Inspector of Police,
V.Chatrapatti Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.828 & 861 of 2022
G.ILANGOVAN,J.
TM
Crl.A(MD)Nos.828 & 861 of 2022
23.12.2022
https://www.mhc.tn.gov.in/judis
