Madras High Court
Ilango @ Vinaitheerthan vs The Deputy Superintendent Of ... on 3 January, 2022
Crl. A.(MD)No.8 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON :24.01.2022
DELIVERED ON :03.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.8 of 2022
Ilango @ Vinaitheerthan .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Thiruppathur,
Sivagangai District.
2.The Inspector of Police,
Poolankurichi Police Station,
Thiruppathur Taluk,
Sivagangai District.
(Crime No.28 of 2021)
3.A.Selvam .. Respondents
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
2015 r/w. Section 382 of Cr.P.C., 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.1743 of 2021, dated 03.01.2022 and
consequently, enlarge the petitioner on bail in Crime No.28 of 2021 on the file
of the respondent police.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.8 of 2022
For Appellant : Mr.P.Thoothai Muniasamy
For R1 & R2 : Mr.K.Sanjay Gandhi
Government Advocate
For R3 : Mr.S.M.Anantha Murugan
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.1743 of 2021, dated 03.01.2022
and enlarge the appellant on bail.
2. The case against the appellant is that he insulted the defacto
complainant, who belonged to the Scheduled Community. A case in Crime No.
28 of 2021 was registered by the respondent police, against the appellant, under
Sections 3(1)(r), of SC / ST (POA) Act, 1989. The appellant filed a petition for
bail in Crl.M.P.No.1743 of 2021. That petition was dismissed by the Special
Court on 03.01.2022. Against the same, the appellant has preferred this
Criminal Appeal.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.8 of 2022
3. On the side of the appellant, it is stated that there is no specific
averment against this appellant in the complaint. The appellant is 68 years old.
The allegation is that the appellant and others sent a complaint to the Collector
and that the appellant is the first signatory. No caste name was ever used by the
appellant. The defacto complainant is an influential person and he registered a
false complaint against the appellant. The appellant is in custody from
24.12.2021 and that he was injured by dog bite and he needs treatment and
prayed the appellant to be released on bail.
4.On the side of the respondents, it is stated that the appellant is a
Panchayat President. He was arrested on 24.12.2021. He issued pamphlets
against the defacto complainant and he used his cattle to destroy the saplings
planted by the defacto complainant and prayed the appeal to be dismissed.
5. It is seen that the appellant is in custody from 24.12.2021.
Considering the age of the appellant and considering the necessity for him to
undergo treatment for dog bite, 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:
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.8 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 Sessions
Judge, 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
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 30 days and thereafter, as and
when required for interrogation ;
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.8 of 2022
(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].
03.02.2021
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.
Issue order copy on 03.02.2022
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,
Thiruppathur, Sivagangai District.
2.The Inspector of Police,
Poolankurichi Police Station,
Thiruppathur Taluk,
Sivagangai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.8 of 2022
R. THARANI, J.
Ls
Crl. A.(MD)No.8 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
