Kumar @ Santhana Kumar vs State Rep. By
2022 Latest Caselaw 9534 Mad

                                                                                      Crl.A.No.475 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 07.06.2022

                                                       CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                  Crl.A.No.475 of 2022

                Kumar @ Santhana Kumar
                S/o.Srinivasan                                            ... Appellant

                                                        Versus

                1.State Rep. by,
                  The Inspector of Police,
                  Panamarathupatty Police Station,
                  Panamarathupatty,
                  Salem District.

                2.Sanjiv Gandhi                                           ... 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 set
                aside the dismissal order passed by the learned Principal Sessions Judge, Salem
                in C.M.P.No.1539 of 2022 in Crime No.50 of 2022 dated 23.04.2022 and allow
                the above appeal and enlarge the appellant on bail.

                                  For Appellant    : Mr.C.Samivel

                                  For R1           : Mr.S.Vinoth Kumar
                                                     Government Advocate (Crl.Side)
                                  For R2           : Mr.D.Manoj Kumar
                                                         *****


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                                                                                         Crl.A.No.475 of 2022

                                                     JUDGMENT

This Appeal arises out of the rejection of the bail application of the

petitioner, who is in judicial custody since 12.04.2022.

2. The major offence is under Section 307 of IPC and the de-facto

complainant/victim has been discharged from the hospital.

3. The Learned Counsel appearing on behalf of the de-facto

complainant/victim/second respondent would submit that, as a matter of fact, he

has got no objection for releasing the petitioner on bail.

4. Considering the over all facts and circumstances of the case, this Court is

inclined to grant bail to the petitioner on the following conditions :

(a) the petitioner 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 Trial Court;

(b) the petitioner 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;

https://www.mhc.tn.gov.in/judis (c) the petitioner shall report before the first respondent/

Crl.A.No.475 of 2022

Police as and when required for interrogation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner 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;

5. Accordingly, this Criminal Appeal is allowed.

07.06.2022 Index : yes/no Speaking order/Non-speaking order sp

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Crl.A.No.475 of 2022

To

1.The Principal Sessions Judge, Salem.

2.The Inspector of Police, Panamarathupatty Police Station, Panamarathupatty, Salem District.

3.The Central Prison, Salem.

4.The Public Prosecutor, Madras High Court.

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Crl.A.No.475 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sp

Crl.A.No.475 of 2022

07.06.2022

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