Madras High Court
Vigneshwaran @ Vikki @ Viknesh vs The State Represented By on 28 June, 2022
Crl. A.(MD)No.379 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 28.06.2022
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.379 of 2022
Vigneshwaran @ Vikki @ Viknesh
... Appellant/Petitioner/Sole Accused
Vs.
1.The State Represented by
The Deputy Superintendent of Police,
Lalgudi Sub-Division,
Trichy District.
2.The Inspector of Police,
Kollidam Police Station,
Trichy District. ... Respondents/Complainant
3.R.Vinoth ... 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 set aside the
order passed by the learned I Additional District and Sessions Court (PCR), Trichy,
Trichy District in Crl.M.P.No.2219/2022, dated 08.05.2022 and to enlarge the
appellant on bail in Crime No.96 of 2022 on the file of the second respondent police.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.379 of 2022
For Appellant : Mr.M.Pitchai Muthu
For R1 and 2 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R3 : Mr.K.Srinivasa Raghavan
JUDGMENT
This appeal has been filed to set aside the order passed in Crl.M.P.No.
2219/2022, dated 08.05.2022, on the file of the learned I Additional District and
Sessions Court (PCR), Trichy, Trichy District.
2.The case against the appellant is that on 01.05.2022, due to previous
enmity between the parties, the appellant harassed the third respondent and his
mother and abused them with filthy language by mentioning their caste and also
threatened them with dire consequences. Therefore, the second respondent registered
a case against the appellant in Cr.No.96 of 2022 for the offences under Sections
294(b) and 427 and 506(ii) IPC and Section 4 of TNPHW Act r/w 3(1)(r), 3(1)(s)
and 3(2)(va) of SC/ST Act.
3.The learned counsel for the appellant would submit that no one was
injured in this case and that the appellant has been falsely implicated in this case. He
would further submit that the appellant is in custody from 21.05.2022 onwards.
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Crl. A.(MD)No.379 of 2022
4.The learned counsel for the de-facto complainant would submit that even
after the occurrence, the appellant has been threatening the de-facto complainant and
his family members and went to the extent of sending Whatsapp message to the
de-facto complainant's wife by mentioning “Kanneer Anjali” and also send the
photograph of the de-facto complainant's family.
5.The learned Additional Public Prosecutor would submit that no one was
injured in this case and that the appellant is having one previous case under 294(b)
IPC.
6.Considering the above facts and circumstances of the case and also the
facts that the appellant is in judicial custody from 21.05.2022, that no one was
injured in this case and that the petitioner is not having any previous case for similar
or serious offence, this Court is inclined to allow the Criminal Appeal by setting
aside the order, dated 08.05.2022 made in Crl.M.P.No.2219 of 2022 on the file of the
learned I Additional District and Sessions Court (PCR), Trichy, Trichy District.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
08.05.2022 made in Crl.M.P.No.2219 of 2022 on the file of the learned I Additional
District and Sessions Court (PCR), Trichy, Trichy District, is set aside. The appellant
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Crl. A.(MD)No.379 of 2022
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 I Additional District and Sessions Court (PCR), Trichy, Trichy
District, and on further condition that:
[a]the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned Sessions
Judge, (Fast Track Mahila Court), Ramanathapuram may obtain a
copy of their valid identity card to ensure their identity.
[b]the appellant shall pay a sum of Rs.10,000/- (Rupees
Ten Thousand only) to the credit of Government of Tamil Nadu,
CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720
10000 00070, IFSC Code: IOBA0001172), without prejudice to his
rights and contentions before the trial Court. The petitioner shall
execute the sureties on showing the receipt of the said amount.
[c]the appellant shall stay at Villupuram and report before
the Inspector of Police, Villupuram Town Police Station, Villupuram
daily at 10:30 a.m., until further orders.
[d]the appellant shall not tamper with evidence or witness
either during investigation or trial.
[e]the appellant shall co-operate with the investigation.
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Crl. A.(MD)No.379 of 2022
[f]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].
28.06.2022
Index : Yes/No
Internet : Yes/No
sji
To
1.The I Additional District and Sessions Court (PCR), Trichy, Trichy District.
2.The Deputy Superintendent of Police,
Lalgudi Sub-Division,
Trichy District.
3.The Inspector of Police,
Kollidam Police Station,
Trichy District.
4.The Inspector of Police,
Villupuram Town Police Station,
Villupuram.
5.The Superintendent of Prison,
Central Prison, Trichy.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.379 of 2022
K.MURALI SHANKAR, J.
sji
Crl. A.(MD)No.379 of 2022
28.06.2022
https://www.mhc.tn.gov.in/judis
