Madras High Court
Sivarama Krishnan vs The Deputy Superintendent Of ... on 24 February, 2022
Crl.A(MD)No.118 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.02.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.A(MD)No.118 of 2022
Sivarama Krishnan ...Petitioner/Sole Accused
Vs.
1.The Deputy Superintendent of Police,
Ramnad Sub Division,
Ramnad District.
2.The State represented by its,
The Inspector of Police,
Kenikkarai Police Station,
Ramanathapuram District.
(Crime No.105 of 2022) ...Respondents/Complainants
3.Sanjay ...Respondent/
Defacto Complainant
Prayer: This Criminal Appeal Petition filed under Section 378(3) Cr.P.C. to call
for the record in Crl.M.P.No.53 of 2022 on the file of the learned Special Court
for trial of cases registered under SC/ST (POA) Act, 1989, Ramanathapuram,
dated 18.02.2022 and set aside the same and enlarge the Appellant on bail in
Crime No.105 of 2022, on the file of the second respondent police.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.118 of 2022
For Petitioner : Mr.A.Uthayakumar
For R1 and R2 : Mr.M.Aasha
Government Advocate (Criminal Side)
For R3 : Mr.M.Karrunanidhi
JUDGMENT
The criminal appeal has been filed to set aside the order passed in
Crl.M.P.No.53 of 2022, dated 18.02.2022 and to enlarge the appellant on bail in
Crime No.105 of 2022, on the file of the second respondent police.
2.The case of the prosecution is that on 07.02.2022, the third respondent
has misbehaved with the relative girl of the petitioner, so that there was a wordy
quarrel between them. Then, the petitioner assaulted the third respondent,
caused injuries and also used the caste name of the third respondent. The
petitioner was in custody from 10.02.2022.
3.The petitioner failed a bail application before the learned Special Court
for Trial of Cases, registered under Scheduled Caste and Scheduled Tribes
(POA) Act, 1989, Ramanathapuram in Crl.M.P.No.53 of 2022 and the same was
dismissed on 18.02.2022.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.118 of 2022
4.Heard the learned counsel appearing for the petitioner and the learned
Government Advocate(Crl.Side) appearing for the respondents 1 and 2 and
perused the materials available on record.
5.Considering the above facts and circumstances of the case, this Court is
inclined to allow the Criminal Appeal by setting aside the order, dated
18.02.2022 made in Crl.M.P.No.53 of 2022, on the file of the learned Special
Court for trial of cases registered under SC/ST (POA) Act, 1989,
Ramanathapuram,
6.Accordingly, the Criminal Appeal is allowed and the order, dated
18.02.2022 made in Crl.M.P.No.53 of 2022, on the file of the learned Special
Court for trial of cases registered under SC/ST (POA) Act, 1989,
Ramanathapuram, 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 Special
Court for trial of cases registered under SC/ST (POA) Act, 1989,
Ramanathapuram, and on further condition that:
[a] the appellant shall appear before the Special
Court for trial of cases registered under SC/ST (POA)
Act, 1989, Ramanathapuram, daily at 10.30 a.m., for a
period of two weeks and thereafter, as and when required
for interrogation;
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Crl.A(MD)No.118 of 2022
[b] the appellant shall not tamper with evidence or
witness either during investigation or trial;
[c] the appellant 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 appellant in accordance with law, as if the
conditions have been imposed and the appellants
released on bail by the Trial Court itself as laid down by
the Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)AIR SCW 5560].
24.02.2022
Index :yes/No
Internet:yes/No
lr
Note: 1. Issue Order copy on 25.02.2022.
2. 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 learned Special Court for trial of cases
registered under SC/ST (POA) Act, 1989,
Ramanathapuram.
2.The Deputy Superintendent of Police,
Ramnad Sub Division,
Ramnad District.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.118 of 2022
3.The Inspector of Police,
Kenikkarai Police Station,
Ramanathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)No.118 of 2022
G.K.ILANTHIRAIYAN,J.
lr
Crl.A(MD)No.118 of 2022
24.02.2022
https://www.mhc.tn.gov.in/judis
