Madras High Court

K.Thangamani vs The State on 22 March, 2022

                                                                                   Crl.A.No.151 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 22.03.2022

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                    Crl.A.No.151 of 2022

                     K.Thangamani                                ... Appellant/Accused No.5
                                                              vs.
                     1.The State
                       rep. by the Deputy Superintendent of Police,
                       Polur Sub Division,
                       Kadaladi Police Station,
                       Thiruvannamalai District.
                     2.The State
                       rep. by the Inspector of Police,
                       Kadaladi Police Station,
                       Thiruvannamalai District.
                       (Crime No.38 of 2022)
                     3.N.Muthuraman                                        ...   Respondents

                     PRAYER: Criminal Appeal filed is filed under Section 14-A(2) of the
                     Schedule Caste and Schedule Tribes (Prevention of Atrocities), Amendment
                     Act, praying to set aside the order passed in Crl.M.P.No.25 of 2022 dated
                     09.02.2022 on the file of the Special Court for Exclusive Trial of cases
                     under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
                     Act, 1989, Thiruvannamalai and consequently enlarge the appellant on bail
                     in respect of Crime No.38 of 2022 on the file of the Deputy Superintendent
                     of Police, Polur Sub Division, Thiruvannamalai District.
                                    For Appellant             : Mr.S.B.Viswanathan
                                    For Respondents 1 & 2 : Mr.Leonard Arul Joseph Selvam
                                                            Government Advocate (Crl.Side)


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https://www.mhc.tn.gov.in/judis
                                                                                Crl.A.No.151 of 2022



                                  For Respondent-3         :   Ms.K.Nithyashree

                                                     JUDGMENT

Being dissatisfied with the order dated 09.02.2022 made in

Crl.M.P.No.25 of 2022, on the file of the Special Court for Exclusive Trial

of cases under Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989, Thiruvannamalai, the appellant, who was arrayed as

accused No.5 in Crime No.38 of 2022 on the file of the Deputy

Superintendent of Police, Polur Sub Division, Thiruvannamalai District, has

preferred this appeal and praying to set aside the order dated 09.02.2022 and

to enlarge him on bail.

2. The case of the prosecution is that on 16.01.2022, due to the

dispute over carrying the dead bodies of persons of Arunthathiar

Community through the High road, the appellant and other accused, who

belong to the Vanniyar community, had entered into the area, wherein, the

defacto complainant and others were residing and caused damage to the

vehicles, windows and doors. For the said incident, the second respondent

police has registered a case in Crime No.38 of 2022 for the offences

punishable under Sections 294(b), 147, 148, 324, 307 I.P.C. and Section

https://www.mhc.tn.gov.in/judis Crl.A.No.151 of 2022

3(1)(za)(A), 3(2)(va) of SC/ST (POA) Act 2016 and Section 3(1) of

TNPPDL Act, 1992. Afterwards, the appellant was secured on 30.01.2022

and remanded to judicial custody. The earlier bail application filed before

the Special Court for trial of cases under SC/ST(POA) Act, Tiruvannamalai

was dismissed by an order dated 09.02.2022. Challenging the impugned

order dated 09.02.2022, the appellant is before this Court.

3. The learned counsel for the appellant would submit that the

appellant is an innocent person and no way connected with the occurrence

as alleged by the prosecution. As of now, the investigation in this case has

been completed and the appellant is the only bread winner of his family. It is

the further submission that the appellant is ready to abide any conditions

imposed by this Court and accordingly, he prayed to set aside the impugned

order dated 09.02.2022 and to enlarge him on bail.

4. The learned Government Advocate (Crl. Side) appearing for

the respondent/Police raised objection stating that some of the accused, who

committed the alleged occurrence, were absconded and as of now, the

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investigation has not been completed. However, he admits that the alleged

occurrence had happened due to the emotional feelings of the villagers.

5. Ms.K.Nithyasree, learned counsel appearing for the defacto

complainant has also raised objection stating that if this type of appellant is

released on bail, he may try to tamper the witnesses and hamper the

investigation. According to her, as of now, the dispute having by the defacto

complainant with the appellant is pending before the Revenue Divisional

Officer and in this regard, a Peace Committee has also been arranged.

6. The submissions made by the learned counsel appearing on

either side are considered.

7. The averments found in the First Information Report shows

that during the relevant point of time, the appellant and other accused, who

belong to the same village, in an emotional mood, joined together and

obstructed the people, who belong to the community of the defacto

complainant and attempted to restrain them from carrying the dead body.

Therefore, in the said circumstances, whether the appellant is having the

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intention to abuse the defacto complainant and others, is a matter for trial. In

other words, considering the period of incarceration, further custody of the

appellant is not necessary for completing the investigation. As of now, the

appellant is in incarceration from 30.01.2022 onwards. Further after

registering the case, no such events had happened in the occurrence place.

8. Hence, taking note of all the above said aspects into

consideration, and having regard to the nature of offence committed by the

appellant and also by considering the period of incarceration, this Court is

inclined to grant bail to the appellant subject to certain conditions.

9. 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act, Thiruvannamalai.

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(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 shall appear before the Srivilliputhur Town Police Station, daily at 10.00 a.m. until further orders. Further, the appellant should not enter into the occurrence place without the permission of this Court.

(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 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.

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In the result, the order passed by the learned Sessions Judge,

Special Court for Exclusive Trial of cases under SC/ST(POA) Act,

Thiruvannamalai in Crl.M.P.No.25 of 2022 dated 09.02.2022 is set aside

and the Criminal Appeal is accordingly allowed.

22.03.2022

Index : Yes/No Internet : Yes/No Speaking/Non speaking order rsi

1.The Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Thiruvannamalai.

2.The Deputy Superintendent of Police, Polur Sub Division, Kadaladi Police Station, Thiruvannamalai District.

3.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

https://www.mhc.tn.gov.in/judis Crl.A.No.151 of 2022