Madras High Court
Dhanasekar vs State By : Station House Officer on 4 March, 2022
Crl.A.No.97 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.No.97 of 2022
Dhanasekar,
S/o.Kaliyamurthy ... Appellant
versus
1.State by : Station House Officer,
Valathy Police Station,
Villupuram District.
(Crime No.268 of 2019)
2.Chitra,
W/o.Murukesan ... Respondents
[R-2 impleaded as per order dated 21.02.2022 in Crl.M.P.No.2177 of 2022
in Crl.A.No.97 of 2022]
Prayer: Criminal Appeal filed under Section 14(A) of the SC & ST Act,
2015, praying to set aside the order dated 22.01.2022 in Crl.M.P.No.1888 of
2021 passed by the Special Court for Exclusive Trial of Cases registered
under the SC&ST (Prevention of Atrocities) Act, Villupuram and enlarge
the appellant on bail in Crime No.268 of 2019 on the file of the respondent
police.
1/8
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Crl.A.No.97 of 2022
For Appellant : M/s.S.Nadhiya
For Respondent No.1 : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
For Respondent No.2 : No Appearance
JUDGMENT
Being dissatisfied with the order dated 22.01.2022 made in
Crl.M.P.No.1888 of 2021 on the file of the Special Court for Exclusive
Trial of Cases registered under the SC&ST (Prevention of Atrocities) Act,
Villupuram, the appellant, who is the petitioner in the above referred
petition, arrayed as an accused in Crime No.268 of 2019 on the file of the
Valathy Police Station has prepared this Criminal Appeal and praying to
enlarge him on bail.
2. The case of the prosecution is that on 19.08.2019 at
12.00p.m., the de facto complainant's husband viz. Murugesan was digging
the drug tuber behind the Thurkaiyamman Temple, at that time, the
appellant came to the place and prevent him to take the tuber, due to the
quarrel, the appellant was allegedly using his caste's name attacked with
stone. Due to the such assault, he sustained head injury and subsequently, he
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Crl.A.No.97 of 2022
died in the hospital. Hence, a case has been registered against the appellant
under Sections 294(b), 302 of IPC r/w Section 3(1)(r), 3(1)(s) and Section
3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 2015.
3. The learned counsel appearing for the appellant would
submit that the appellant is an innocent person and he has been falsely
implicated in this case. She would further submit that the alleged occurrence
had happened due to the sudden provocation. Further, the appellant is the
first time offender and also he is having a permanent residence. He is in
judicial custody from 19.08.2019 onwards. Hence, she prayed for bail by
allowing this appeal.
4. The learned Government Advocate (Crl. Side) appearing
for the respondent police raised objection stating that the case pertains to
the appellant, is pending in the trial Court for examination of further
evidence. He would further submit that, as of now, 18 witnesses have been
examined and in the said situation, if the appellant is released on bail, he
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Crl.A.No.97 of 2022
may try to tamper the witness and hamper the investigation. Accordingly, he
prayed for dismissal of this appeal.
5. Considered the submissions made by the learned counsel
appearing on either side.
6. The respondent police registered a case as against this
appellant for the offences under Sections 294(b), 302 of IPC r/w Section
3(1)(r), 3(1)(s) and Section 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 2015. Now, after
completing the investigation, Final Report has been filed and the case is
posted for examination of prosecution witnesses. In otherwise, it is admitted
on either side that, 18 witnesses have already been examined on the side of
the prosecution. It is not in dispute that the appellant is the first time
offender. Further, the averments found in the First Information Report
would disclose the fact that due to the result of wordy quarrel, the appellant
attacked the deceased with stone and thereby the alleged occurrence has
happened.
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Crl.A.No.97 of 2022
7. Therefore, taking into consideration of the fact that the
appellant is the first time offender and he is in incarceration from
19.08.2019, this Court is inclined to grant bail to the appellant subject to
following conditions.
8. Accordingly, the appellant is ordered to be released on
bail subject to the following conditions;
(a) the appellant shall execute 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 Special
Court for Exclusive Trial of Cases registered under the SC&ST
(Prevention of Atrocities) Act, Villupuram;
(b) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned
Magistrate may obtain a copy of their Aadhar Card or Bank
Pass Book to ensure their identity;
(c) the appellant is directed to appear before the
respondent police daily at 10.00 a.m. until further orders;
(d) the appellant shall not tamper with evidence or
witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the
learned Judicial Magistrate/Trial Court is entitled to take
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Crl.A.No.97 of 2022
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];
(f) if the accused thereafter absconds, a fresh FIR can
be registered under Section 229A IPC.
9. With the above directions, this Criminal Appeal is
allowed.
04.03.2022
Speaking / Non-speaking order
Index : Yes / No
Internet : Yes
sri
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Crl.A.No.97 of 2022
To
1.The Special Court for Exclusive Trial of Cases
registered under the SC&ST (Prevention of Atrocities) Act,
Villupuram.
2.The Station House Officer,
Valathy Police Station,
Villupuram District.
3.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.97 of 2022
R.PONGIAPPAN, J.
sri
Crl.A.No.97 of 2022
04.03.2022
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