Madras High Court
Maruthupandi vs The Deputy Superintendent Of ... on 4 February, 2022
Crl. A.(MD)No.20 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:04.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.20 of 2022
Maruthupandi ... Appellant/Petitioner
Vs.
1.The Deputy Superintendent of Police,
CBCID,
In Crime No.2 of 20251.
Thoothukudi.
2.The Inspector of Police,
Srivaikundam Police,
Thoothukudi District. ...1st and 2nd Respondents/
Complainants.
3.Marimuthu ...2nd Respondent/Defacto Complainant
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
2015, to call for the records relating to the order in Cr.M.P.No.1463/2021, dated
27.12.2021, on the file of the learned Special Court for Trial of Cases registered
under SC/ST (POA) Act, 1989, Thoothukudi and set aside the same.
For Appellant : Mr.K. Suyambulinga Bharathi
For R1 & R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
For R3 : No appearance
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2022
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed by
the Sessions Judge, Special Court for Exclusive Trial of Cases under SC / ST
(POA) Act, 1989, Thoothukudi, in Crl.M.P.No.1463 of 2021, dated 27.12.2021
and enlarge the appellant on bail.
2. A case in Crime No.2 of 2015 was registered by the respondent
police, against the appellant, under Sections 147, 148, 109, 120(b), 302 r/w 149
IPC and Section 25(1-B) of Arms Act 3(2)(v) of SC/ST (POA) Act 1989 and
the case was taken on file in S.C.No.38 of 2021. The petitioner was released on
bail, but he failed to appear before the trial Court on 11.11.2020 and the learned
Judicial Magistrate No.I, Kovilpatti issued NBW against the petitioner and the
petitioner was remanded on 28.07.2021. The appellant filed a petition for bail
in Crl.M.P.No.1463 of 2021. That petition was dismissed by the Special Court
on 27.12.2021. Against the same, the appellant has preferred this Criminal
Appeal.
3. On the side of the appellant, it is stated that the appellant was
already released on bail and he was regular in appearing before the Court from
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Crl. A.(MD)No.20 of 2022
the year 2017 till the year 2020, but only on 11.11.2020 he could not appeared
before the Court and NBW was issued against the petitioner. The petitioner is
in custody for the past 185 days and due to pandemic situation, no witness was
examined by the trial Court and there is no progress in the case. The appellant
name was not found in the place in the FIR and only on the confession of co-
accused, he was implicated in the case as A4. The deceased himself is having
somany cases, only due to previous motive, this case has been registered and
prayed the appellant to be released on bail.
4.On the side of the prosecution, it is stated that the appellant is a hire
cooligan and he involved in 23 previous cases and prayed the appeal to be
dismissed.
5. Though, name of the third respondent was printed, there is no
representation on the side of the third respondent.
6. It is seen that the appellant is in custody for the past 185 days.
Considering the facts and circumstances of the case and considering the period
of incarceration, this Court is inclined to release the appellant on bail. Hence,
the Criminal Appeal is allowed and the Appellant is ordered to be released on
bail, subject to the following conditions:
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Crl. A.(MD)No.20 of 2022
(i) the appellant shall execute a bond for a sum of
Rs.10,000/- (Rupees ten thousand only) with two
sureties, of whom, one should be a blood relative,
each for a like sum to the satisfaction of the Special
Court for Trial of Cases under SC / ST (POA) Act,
1989, Thoothukudi;
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
Special Court for Trial of Cases under SC / ST
(POA) Act, 1989, Thoothukudi, may obtain a copy of
any valid identity proof to ensure their identity.
(iii) the appellant shall not tamper with evidence or
witness either during investigation or trial.
(iv) the appellant shall cooperate with the investigation
and the appellant shall appear before the second
respondent and Court both during investigation and
trial, as and when required.
(v) The appellant shall appear before the Special Court for
Trial of Cases under SC / ST (POA) Act, 1989,
Thoothukudi, daily at 10.30 a.m, and 05.30 p.m.,
until further orders ;
(vi) On breach of any of the aforesaid conditions, the
learned Magistrate/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
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Crl. A.(MD)No.20 of 2022
learned Magistrate/Trial Court himself as laid down
by the Hon'ble Supreme Court in P.K.Shaji vs. State
of Kerala [(2005)AIR SCW 5560].
04.02.2021
Index : Yes/No
Internet : Yes/No
am
Note : In view of the present lock down owing to COVID – 19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the responsibility
of the advocate / litigant concerned.
To
1.The Special Court for Trial of Cases
under SC / ST (POA) Act, 1989, Thoothukudi.
2.The Deputy Superintendent of Police,
CBCID,
In Crime No.2 of 20251.
Thoothukudi.
3.The Inspector of Police,
Srivaikundam Police,
Thoothukudi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.20 of 2022
R. THARANI, J.
am
Crl. A.(MD)No.20 of 2022
04.02.2022
https://www.mhc.tn.gov.in/judis
