Madras High Court
Mari vs The Deputy Superintendent Of ... on 31 January, 2022
Crl. A.(MD)Nos.4 and 5 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 31.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)Nos.4 and 5 of 2022
Crl.A.(MD)Nos.4 of 2022
Mari .. Appellant
Vs.
State Rep. by its
1.The Deputy Superintendent of Police,
Sivagangai Sub Division,
Sivagangai District.
2.The Inspector of Police,
Ilayankudi Police Station,
Sivagangai District.
(Crime No.183/1992)
3.Muniyandi .. Respondents
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
Amended Act, 2016, to call for the records in Cr.M.P.No.1738 of 2021, dated
31.12.2021, on the file of the Special Court for Exclusive Trial of Cases under
SC / ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the
appellant / accused No.1 on bail in S.C.No.16 of 2010 on the file of the Special
Court for Exclusive Trial of Cases under SC / ST (POA) Act, 1989, Sivagangai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
For Appellant : Mr.N.Mohideen Basha
For R1 & R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
For R3 : No appearance
Crl.A.(MD)Nos.5 of 2022
Ramachandhiran @ Ramakrishnan .. Appellant
Vs.
State Rep. by its
1.The Deputy Superintendent of Police,
Sivagangai Sub Division,
Sivagangai District.
2.The Inspector of Police,
Ilayankudi Police Station,
Sivagangai District.
(Crime No.183/1992)
3.Muniyandi .. Respondents
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
Amended Act, 2016, to call for the records in Cr.M.P.No.1739 of 2021, dated
31.12.2021, on the file of the Special Court for Exclusive Trial of Cases under
SC / ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the
appellant / accused No.1 on bail in S.C.No.47 of 2014 on the file of the Special
Court for Exclusive Trial of Cases under SC / ST (POA) Act, 1989, Sivagangai.
For Appellant : Mr.N.Mohideen Basha
For R1 & R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
For R3 : No appearance
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
COMMON JUDGMENT
These Criminal Appeals have been filed against the order passed in
Cr.M.P.Nos.1738 and 1739 of 2021, dated 31.12.2021, on the file of the Special
Court for Exclusive Trial of Cases under SC / ST (POA) Act, 1989, Sivagangai
and enlarge the appellant on bail.
2. The appellants have filed petitions for bail in Cr.M.P.No.1738 and
1739 of 2021, before the Special Court for Exclusive Trial of Cases under SC /
ST (POA) Act, 1989, Sivagangai. That petition was dismissed by the Special
Court on 31.12.2021. Against the same, the appellants have preferred these
Criminal Appeals.
3. On the side of the appellants, it is stated that there were 42 accused
in the case, except the two accused / appellants, all other accused were
acquitted. The appellants are in judicial custody for the past 28 days, even the
defacto complainant said no objection to the release of the appellants and
prayed the appellant to be released on bail.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
4. On the side of the prosecution, it is stated that the occurrence is of
the year 1992. Totally 43 accused involved in the offence. Only because of the
absence of the appellants, the case was split up. Two of the cases were ended in
acquittal and two of the cases are pending disposal. NBW was issued against
the appellants on 26.04.2018 and only after 3 ½ years, ie. on 22.12.2021, they
surrendered. If the appellants are released on bail, there is a chance of
absconding again and prayed the appeals to be dismissed.
5. A report was called for from the trial Court and the report reveals
that there are two sessions cases pending in this regard. The appellant in Crl.A.
(MD)No.4 of 2022, ie.Mari, is cited as second accused in S.C.No.16 of 2010.
There are three accused mentioned in S.C.No.16 of 2010. A1- Meenal is said to
be reported dead and the case against the said Meenal was split up as Special
S.C.No.28 of 2021 and now S.C.No.16 of 2010 is pending against the
appellant / Mari and against A3-Boomi. This case is pending for examination
of L.W.1. It is seen that another case in S.C.No.47 of 2014 was pending against
the appellant in Crl.A.(MD)No.5 of 2022, ie. Ramanchandran- A2 and one
Sethu-A1. The appellant/Ramachandran is in custody and that the case is
posted for framing of charges.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
6. It is seen that the occurrence is of the year 1992. The case was split
up in the year 2010 and 2014 respectively. The trial in that cases were pending
due to the absence of the appellants. The appellants surrendered before the trial
Court only after 3 ½ years (ie. on 22.12.2021) from the date of issuance of
NBW. It is seen that the appellants are in custody for the past one month.
Considering the period of incarceration and considering the stage of the case,
this Court is inclined to release the appellants on bail. Hence, these Criminal
Appeals are allowed and the Appellants are ordered to be released on bail,
subject to the following conditions:
(i) the appellants shall execute a bond for a sum of
Rs.20,000/- (Rupees Twenty thousand only) each
with two sureties, of whom, one should be a blood
relative, each for a like sum to the satisfaction of the
Special Court for Exclusive Trial of Cases under
SC / ST (POA) Act, 1989, Sivagangai;
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
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.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
(iii)the appellants shall not tamper with evidence or
witness either during investigation or trial.
(iv) the appellants 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 appellants shall appear before the Special Court
for Exclusive Trial of Cases under SC / ST (POA)
Act, 1989, Sivagangai, daily at 10.30 a.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 appellants 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].
31.01.2022
Index : Yes/No
Internet : Yes/No
Ls
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.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
To
1.The 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 Inspector of Police,
Ilayankudi Police Station,
Sivagangai District.
(Crime No.183/1992)
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.4 and 5 of 2022
R. THARANI, J.
Ls
Crl. A.(MD)Nos.4 and 5 of 2022
31.01.2022
https://www.mhc.tn.gov.in/judis
