Madras High Court
Anand @ Ananthakumar vs The Deputy Superintendent Of ... on 22 March, 2022
CRL A(MD). No.234 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL A(MD). No.234 of 2022
1.Anand @ Ananthakumar.
2.Kumar @ Krishnakumar
... Appellants/Accused
Vs
1. The Deputy Superintendent Of Police,
Tirunelveli District.
2. The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli District.
(Cr.No. 152 of 2022).
3. Ranjith ... Respondents/Complainants
PRAYER :-
The Criminal Appeal is filed under Section 14-A(ii) of SC/ST (POA)
Act, 1989, to call for the records relating to the order of dismissal of bail
application and to set aside the order passed by the learned II Additional
Sessions Court, Tirunelveli in Cr.M.P.No.164 of 2022 dated 10.03.2022.
1/6
https://www.mhc.tn.gov.in/judis
CRL A(MD). No.234 of 2022
For appellants : Mr.V.M.Jagadeeshpandian,
Advocate.
For Respondent : Mrs.M.Aasha
Government Advocate (Crl.Side)
JUDGMENT
The present Criminal Appeal has been filed to set aside the
impugned order, in Cr.M.P.No.164 of 2022 dated 10.03.2022, on the file
of the learned II Additional Sessions Court, Tirunelveli
2.The case of the prosecution is that on 01.03.2022, the third
respondent took his wife to the hospital for check-up. While so, the third
respondent went to a tea shop, the accused persons accompanied with
other accused and started quarrel with the third respondent. The accused
persons uttered filthy language against the third respondent by saying his
community name. The accused persons assaulted the third respondent
with deadly weapons. Therefore, the second respondent registered a case
against the appellants and others under Sections 147, 148, 341, 294(b),
323, 324 IPC r/w Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015, in Crime No.152 of 2022.
https://www.mhc.tn.gov.in/judis
CRL A(MD). No.234 of 2022
3.The learned counsel for the appellants would submit that the
earlier petition for bail was dismissed by the trial Court, that the
appellants are innocents and they have been falsely implicated in this
case and that the co-accused were already enlarged on bail. He would
further submit that they are ready to abide any conditions and they are in
judicial custody for more than 18 days. Hence, seeks bail.
4.Heard the learned counsel appearing for the appellants and the
learned Government Advocate (Crl.Side) appearing for the respondents
and perused the materials available on record.
5.Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
Cr.M.P.No.164 of 2022 dated 10.03.2022 passed by the learned II
Additional Sessions Court, Tirunelveli.
6.Accordingly, the Criminal Appeal is allowed and the order,
Cr.M.P.No.164 of 2022 dated 10.03.2022 passed by the learned II
https://www.mhc.tn.gov.in/judis
CRL A(MD). No.234 of 2022
Additional Sessions Court, Tirunelveli, is set aside. The appellants are
ordered to be released on bail on their executing a bond for a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) each with two blood
sureties, each for a like sum to the satisfaction of the learned II
Additional Sessions Court, Tirunelveli, and on further condition that:
[a]the appellants shall appear before the
Tallakulam Police Station, Madurai daily at 10.30
a.m., and 5.30 p.m. for a period of two weeks and
thereafter the appellants shall appear before the
second respondent police station daily at 10.30am,
till the disposal of the trial;
[b] the appellants shall not tamper with
evidence or witness either during investigation or
trial;
[c] the appellants shall not abscond either
during investigation or trial;
[d] On breach of any of the aforesaid
conditions, the Trial Court is entitled to take
appropriate action against the appellants in
accordance with law, as if the conditions have
been imposed and the appellantss released on bail
by the Trial Court itself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)AIR SCW 5560].
22.03.2022
PNM
Note: Issue Order copy on 22.03.2022
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CRL A(MD). No.234 of 2022
2. In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
TO
1.The II Additional District Judge (For PCR Act Cases),
Tirunelveli.
2.The Superintendent,
Central Prison, Palayamkottai.
3.The Deputy Superintendent Of Police,
Tirunelveli District.
4.The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli District.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL A(MD). No.234 of 2022
G.K.ILANTHIRAIYAN, J
PNM
JUDGMENT
IN
CRL A(MD) No.234 of 2022
Date : 22.03.2022
https://www.mhc.tn.gov.in/judis
