Madras High Court
Nambi vs The Deputy Superintendent Of ... on 28 June, 2022
Crl. A.(MD)No.427 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 27.07.2022
Pronounced on : 29.07.2022
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.427 of 2022
Nambi ... Appellant/Petitioner/Accused
Vs.
1.The Deputy Superintendent of Police,
Srivaikundam Sub-Division,
Srivaikundam Police Station,
Crime No.160 of 2022. ... 1st Respondent/Respondent/Complainant
2.Maliga ...2nd Respondent/De-facto Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to call for the
records relating to the Crl.M.P.No.1118 of 2022 dated 28.06.2022 on the file of the
learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act,
Thoothukudi and set aside the same and grant bail to the appellant.
1/8
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.427 of 2022
For Appellant : Mr.G.Thalaimutharasu
For R1 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R2 : Mr.S.T.Sasidharan Tamilkani
Legal Aid Counsel
JUDGMENT
This appeal has been filed to set aside the order passed in Crl.M.P.No.1118
of 2022 dated 28.06.2022, on the file of the learned Sessions Judge, Special Court
for Trial of Cases under SC/ST (POA) Act, Thoothukudi.
2.The case of the prosecution is that on 15.07.2019, the second respondent
received a sum of Rs.2,50,000/- from the appellant as hand loan and executed the
mortgage deed in favour of the appellant. Subsequently, she paid interest at 4% in
every month. Apart from that, she paid Rs.1,00,000/- to him and she paid the interest
amount to the appellant for the remaining amount. In these circumstances, she
received summons from the Sub-Court, Tiruchendur in O.S.No.15 of 2022 for
execution of sale deed to one Subbiah for her mortgage property and when the same
was questioned by the second respondent, the appellant abused the second
respondent/ de-facto complainant in filthy language and threatened her with dire
consequences. Therefore, the second respondent lodged a complaint and on that
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Crl. A.(MD)No.427 of 2022
basis, FIR came be registered against the appellant in Cr.No.160 of 2022 for the
offences under Sections 294(b), 323 and 506(2) of IPC, Section 4 of TN Prohibition
of Harassment of Women Act, 2002 and Sections 3 and 4 of TN Prohibition of
Charging Exorbitant Interest Act, 2003.
3.When the matter was taken up for hearing on 20.07.2022, the second
respondent/de-facto complainant was present in person before this Court and stated
that she is not having necessary means to engage a counsel. Hence, this Court
directed the Registry to take steps for appointing a Legal Aid Counsel and
accordingly, Mr.S.T.Sasidharan Tamilkani, Panel Advocate has been appointed as
Legal Aid Counsel for the second respondent/de-facto complainant.
4.Originally, the case was registered for the offence under Sections 294(b),
323, 506(2) IPC, Section 4 of TN Prohibition of Harassment of Women Act, 2002
and Sections 3 and 4 of TN Prohibition of Charging Exorbitant Interest Act, 2003
and that after initial investigation, the case was altered for the offences under
Sections 294(b), 323, 506(i) IPC, Sections 3 and 4 of TN Prohibition of Charging
Exorbitant Interest Act, 2003, Section 4 of TNPHW Act, 2002 and Section 3(1)(r),
3(1)(s) and 3(2)(va) of SC/ST (PoA) Act, 2005.
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Crl. A.(MD)No.427 of 2022
5.The learned counsel for the second respondent would submit that the
second respondent is still having life threat and that she is having serious objections
to release the appellant on bail.
6.The learned Additional Public Prosecutor would submit that the
appellant is having five previous cases, in which, four cases were already disposed of
and one case is pending.
7.The learned counsel for the appellant would submit that when the
appellant was in judicial custody in connection with the case on hand, another FIR
came to be registered in Crime No.177 of 2022 under Section 506(i) IPC, Section 4
of TNPHW Act and Sections 3 and 4 of TN Prohibition of Charging Exorbitant
Interest Act and that when the appellant was arrested for the present case, he was not
having any previous case for similar offence.
8.As rightly contended by the learned counsel for the appellant, the
previous case alleged by the prosecution was registered on 23.06.2022 in Crime
No.177 of 2022 and that the appellant was in judicial custody in connection with the
case on hand.
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Crl. A.(MD)No.427 of 2022
9.Considering the above facts and circumstances and also the facts that the
appellant is in judicial custody from 09.06.2022, that injured was already discharged
from the hospital and that the appellant is having one other case pending, which was
registered subsequent to the present case, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 28.06.2022 made in Crl.M.P.No.1118 of
2022 on the file of the learned Sessions Judge, Special Court for Trial of Cases
under SC/ST (POA) Act, Thoothukudi.
10.Accordingly, the Criminal Appeal is allowed and the order, dated
28.06.2022 made in Crl.M.P.No.1118 of 2022 on the file of the learned Sessions
Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, is set
aside. The appellant is ordered to be released on bail on his executing a bond for a
sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for
a like sum to the satisfaction of the learned Judicial Magistrate Court No.I,
Srivaikundam, Thoothukudi District, and on further condition that:
[a]the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned Judicial
Magistrate Court No.I, Srivaikundam, Thoothukudi District, may
obtain a copy of their valid identity card to ensure their identity.
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Crl. A.(MD)No.427 of 2022
[b]the appellant shall stay at Trichy and report before the
Inspector of Police, Cantonment Police Station, Trichy, daily at
10:30 a.m., for a period of 30 days and thereafter, appear before the
respondent police daily at 10.30 a.m., until further orders.
[c]the appellant shall not tamper with evidence or witness
either during investigation or trial.
[d]the appellant shall co-operate with the investigation.
[e]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].
.07.2022
Index : Yes/No
Internet : Yes/No
sji
To
1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act,
Thoothukudi.
2.The Judicial Magistrate Court No.I, Srivaikundam, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.427 of 2022
3.The Deputy Superintendent of Police,
Srivaikundam Sub-Division,
Srivaikundam Police Station,
4.The Inspector of Police, Cantonment Police Station, Trichy.
5.The Superintendent, District Jail, Perurrani, Thoothukudi.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.427 of 2022
K.MURALI SHANKAR, J.
sji
Pre-delivery order made in
Crl. A.(MD)No.427 of 2022
Dated : 29.07.2022
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