Madras High Court
P.Ramesh vs State Rep. By on 4 July, 2022
Crl.A.No.599 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No.599 of 2022
1.P.Ramesh,
S/o.Palaniyappan
2.Venkatesan,
S/o.Palanisamy ... Appellants
Versus
1.State Rep. by,
The Deputy Superintendent of Police,
Mettur Sub Division,
Salem District.
2.The Inspector of Police,
Mecheri Police Station,
Salem District.
Crime No.246/2022
3.Palanisamy ... Respondents
Prayer : Criminal Appeal filed u/s.14A(2) of Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Amended Act 2015, praying to call
for the records pertaining to the bail dismissal order passed by the learned
Principal Sessions Judge, Salem in Crl.M.P.No.2155 of 2022 dated 08.06.2022
and set aside the same and to enlarge the appellants on bail.
For Appellants : Mr.C.Deepak Kumar
For R1 & R2 : Mr.S.Vinoth Kumar,
https://www.mhc.tn.gov.in/judis
Government Advocate (Crl.Side)
1/4
Crl.A.No.599 of 2022
JUDGMENT
This Appeal arises out of the dismissal order passed by the learned
Principal Sessions Judge, Salem in Crl.M.P.No.2155 of 2022. dated 08.06.2022.
2. The allegations against the petitioners are that the petitioners along with
two other accused had picked a wordy quarrel with the de-facto complainant and
assaulted him and caused injuries to him.
3. Considering the nature of the allegations against the petitioners and
considering the fact that they are under incarceration from 01.06.2022, I am of
the view that this is a fit case for grant of bail. Accordingly, this Court is inclined
to grant bail to the appellants on the following conditions :
(a) the appellants are ordered to be released on bail, on
their executing a bond for a sum of Rs.25,000/- each (Rupees
twenty five thousand only) with two sureties each for a like sum
to the satisfaction of the Trial Court;
(b) the appellants and the sureties shall affix their
photographs and left thumb impression in the surety bond and the
Magistrate may obtain a copy of their Aadhar card or Bank pass
Book to ensure their identity;
(c) the appellants shall report before the second
respondent/ Police daily at 10.30 a.m. until further orders;
https://www.mhc.tn.gov.in/judis
Crl.A.No.599 of 2022
(d) the appellants shall not tamper with evidence or witness
either during investigation or trial;
(e) the appellants shall not abscond either during
investigation or trial;
(f) 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
has been imposed and the appellants is 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]; and;
(g) if the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC;
4. Accordingly, this Criminal Appeal is allowed.
04.07.2022
Index : yes/no
Speaking order/Non-speaking order
sp
To
1.The Principal Sessions Judge, Salem.
2.The Deputy Superintendent of Police, Mettur Sub Division, Salem District.
3.The Inspector of Police, Mecheri Police Station, Salem District.
4.The Central Prison, Salem.
5.The Public Prosecutor, Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.A.No.599 of 2022
D.BHARATHA CHAKRAVARTHY, J.
sp
Crl.A.No.599 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
