Madras High Court
Kuppusamy vs State Represented By on 19 May, 2022
Crl. A(MD) Nos. 340, 341 and 342 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.05.2022
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl. A(MD) Nos. 340, 341 and 342 of 2022
Crl.A(MD)No.340 of 2022:
1.Kuppusamy
2.Arumugam : Appellants/Petitioners/Accused Nos. 6 & 8
Crl.A(MD)No.341 of 2022:
1.N.Krishnamoorthy
2.Arujunan : Appellants/Petitioners/Accused Nos. 1 & 3
Crl.A(MD)No.342 of 2022:
1.N.Murugesan
2.Balasubramani
3.Govindaraj
4.Shanmugam : Appellants/Petitioners/Accused Nos. 4,7,2 and 5
Vs.
In three Appeals:
1.State represented by
The Deputy Superintendent of Police,
Karur Town,
Karur District.
2.State represented by,
The Inspector of Police,
1/7
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Crl. A(MD) Nos. 340, 341 and 342 of 2022
Velliyanai Police Station,
Karur District
Crime No.131 of 2022 : 1 and 2 Respondents /Complainants
3.Vangalaye : 3rd Respondent/Defacto complainant
COMMON PRAYER: The Criminal Appeals are filed under Section 14-
A(2) of SC/ST Act, to call for the records pertaining to the order passed in
Vacation Crl.M.P.Nos. 10, 11 and 26 of 2022 on the file of the Vacation
Sessions Judge, Karur dated 04.05.2022 and set aside the same as illegal
and enlarge the appellants on bail.
In three Appeals:
For Appellants : Mr.K.Sivabalan
For R1 & R2 : Mrs.M.Aasha
Government Advocate (Crl.side)
For R3 : Mr.S.Gokulraj
COMMON JUDGMENT
The present Criminal Appeals have been filed to set aside the
impugned order, dated 04.05.2022 made in Crl.M.P.Nos. 10, 11 and 26 of
2022 on the file of the Vacation Sessions Judge, Karur.
2. The case of the prosecution is that the defacto complainant/R3
has preferred a complaint stating that the fourth respondent married the fifth
respondent, who belongs to another case and therefore, the parents of the
fifth respondent along with the appellants illegally entered into the house of
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Crl. A(MD) Nos. 340, 341 and 342 of 2022
the defacto complainant and said to have scolded with filthy language by
mentioning their caste name, caused simple injuries to the respondents 3, 4
and 6 and kidnapped the married couples by using Omni Car. Therefore,
the third respondent registered a case against the appellants and others in
Crime No.131 of 2022 for the offences under Sections 147, 148, 448,
294(b), 323, 365 and 506(ii) of IPC r/w Sections 3(1) (r) and 3(2)(va) of
SC/ST (POA) Act.
3. It is submitted that the appellants were arrested and remanded
to judicial custody on 29.04.2022.
4. The appellants filed petitions for bail and the same were
dismissed by the Sessions Court and therefore, prayed for enlarging the
appellants on bail.
5. The learned counsel for the third respondent would submit that
the appellants are threatening the couples and they are living under threat
and if they release on bail, they may tamper the evidence.
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Crl. A(MD) Nos. 340, 341 and 342 of 2022
6. Heard the learned counsel appearing for the appellants, the
learned Additional Public Prosecutor appearing for the respondents 1 and 2
and the learned counsel for the third respondent and perused the materials
available on record.
7. It is seen that the appellants in Crl.A.(MD)No.340 of 2022 are
aged 60 and 65 years respectively and the appellants in three appeals have
been in judicial custody from 29.04.2022 and investigation is almost
completed. Further more, the learned counsel for the appellants submits that
they are ready to file an undertaking affidavit before the trial court that they
will not cause any interference in the life of the couples, who are the
respondents 4 and 5.
8. Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeals by setting aside the order,
dated 04.05.2022 made in Crl.M.P.Nos.10, 11 and 26 of 2022 on the file of
the Vacation Sessions Judge, Karur, on certain conditions. The appellants
shall file an undertaking affidavit before the trial court by stating that they
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Crl. A(MD) Nos. 340, 341 and 342 of 2022
will not cause any interference with the couple's life and they should not
have any communication with them.
9. Accordingly, the Criminal Appeals are allowed and the order,
dated 04.05.2022 made in Crl.M.P.Nos. 10, 11 and 26 of 2022 on the file of
the Vacation Sessions Judge, Karur, are set aside. The appellants are
ordered to be released on bail on their executing separate bonds for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties,
each for a like sum to the satisfaction of the learned Principal District and
Sessions Judge (Special Court for SC/ST Act Cases), Karur, and on further
conditions that:
[a] the appellants shall appear before the
respondent police on every Monday and Saturday at
10.30 a.m until further orders;
[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 appellants released on bail by the
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Crl. A(MD) Nos. 340, 341 and 342 of 2022
Trial Court itself as laid down by the Hon'ble
Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
19.05.2022
Index : Yes/No
Internet : Yes/No
CM
To,
1.The Deputy Superintendent of Police,
Karur Town,
Karur District.
2.The Inspector of Police,
Velliyanai Police Station,
Karur District.
3.The Vacation Sessions Judge,
Karur
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A(MD) Nos. 340, 341 and 342 of 2022
T.V.THAMILSELVI.J.
CM
Crl. A(MD)Nos.340, 341 and 342 of 2022
19.05.2022
https://www.mhc.tn.gov.in/judis
