Madras High Court
Ajay vs The Deputy Superintendent Of ... on 4 February, 2022
Crl. A.(MD)No.550 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:04.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.550 of 2021
Ajay ... Appellant/Petitioner
Vs.
1.The Deputy Superintendent of Police,
Sivagangai Sub-Division,
Sivagangai District.
2.The State rep. by its
The Inspector of Police,
Ilayankudi Police Station,
Sivagangai District,
In Crime No.402 of 2021. ...Respondents/Complainants
3.Sankar ... Respondent/Defacto
Complainant
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
2015 to set aside the order of the learned Sessions Judge, Special Court for
Exclusive trial of cases under SC/ST (POA Act, 1989, Sivagangai) in
Crl.M.P.No.1695 of 2021 and enlarge the petitioner on bail in Crime No.402 of
2021, on the file of the second respondent police.
For Appellant : Mr.PS.Raja
For R1 & R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
For R3 : No appearance
1/6
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Crl. A.(MD)No.550 of 2021
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, Sivagangai, in Crl.M.P.No.1695 of 2021, dated 21.12.2021
and enlarge the appellant on bail.
2. The case against the appellant is that he humiliated the defacto
complainant by uttering his caste name in a public place. A case in Crime No.
402 of 2021 was registered by the respondent police, against the appellant,
under Sections 147, 341, 294(b), 323, 506(ii) of IPC and Sections 3(1)(r) &
3(1)(s) of SC/ST (POA) Act. The appellant filed a petition for bail in
Crl.M.P.No.1695 of 2021. That petition was dismissed by the Special Court on
21.12.2021. Against the same, the appellant has preferred this Criminal Appeal.
3. On the side of the appellant, it is stated that the appellant is in
custody for the past 86 days and the appellant has been falsely implicated in this
case and prayed the appellant to be released on bail.
4. Since the defacto complainant is absconding in Cr.No.403 of 2021
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Crl. A.(MD)No.550 of 2021
for the offence under POCSO Act, notice was served on the maternal uncle of
the defacto complainant. Mr.S.Vickram, learned counsel appeared for the
private respondent.
5.On the side of the prosecution, it is stated that the occurrence took
place on 25.09.2021. The defacto complainant sustained simple injury and the
injured was discharged from the hospital. The petitioner is having one previous
case of similar in nature and prayed the appeal to be dismissed.
6. Considering the facts and circumstances of the case and also
considering the fact that the defacto complainant is absconding in a criminal
case, the nature of offence and considering the period of incarceration and the
injured was discharged from the hospital, 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:
(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 Sessions
Judge, Special Court for Exclusive Trial of Cases
under SC / ST (POA) Act, 1989, Sivagangai;
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Crl. A.(MD)No.550 of 2021
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
Sessions Judge, Special Court for Exclusive Trial of
Cases under SC / ST (POA) Act, 1989, Sivagangai,
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 Sessions Judge,
Special Court for Exclusive Trial of Cases under
SC / ST (POA) Act, 1989, Sivagangai, daily at 10.30
a.m for a period of 15 days and thereafter, as and
when required for interrogation ;
(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
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].
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Crl. A.(MD)No.550 of 2021
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 Sessions Judge, Special Court
for Exclusive Trial of Cases under SC / ST (POA) Act, 1989,
Sivagangai.
2..The Deputy Superintendent of Police,
Sivagangai Sub-Division,
Sivagangai District.
3.The State rep. by its
The Inspector of Police,
Ilayankudi Police Station,
Sivagangai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
R. THARANI, J.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.550 of 2021
am
Crl. A.(MD)No.550 of 2021
04.02.2022
https://www.mhc.tn.gov.in/judis
