S.Sukumar vs The Assistant Commissioner Of ...
2022 Latest Caselaw 9331 Mad

Citation : 2022 Latest Caselaw 9331 Mad
Judgement Date : 19 May, 2022

Madras High Court

S.Sukumar vs The Assistant Commissioner Of ... on 19 May, 2022

                                                                               Crl. A(MD) No.309 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) No. 309 of 2022

                     S.Sukumar                                          : Appellant/Petitioner

                                                          Vs.


                     1.The Assistant Commissioner of Police,
                     Palayamkottai,
                     Tirunelveli City.

                     2.State represented by,
                     rep. by The Inspector of Police,
                     Palayamkottai Police Station,
                     Tirunelveli District
                     Crime No.232 of 2022          : 1 and 2 Respondents /Complainants

                     3.A.Murugalakshmi             : 3rd Respondent/Defacto complainant

                     COMMON PRAYER: The Criminal Appeals are filed under Section 374
                     and 179 Cr.P.C and Section 14-A(2) of SC/ST Act, 1989 as amended by Act
                     1 of 2016 to call for the records and set aside thebail dismissal order of the
                     II Additional District and Sessions Judge, Tirunelveli in Cr.M.P.No.282 of
                     2022 dated 22.04.2022 in Crime No.232 of 2022 on the file of the second
                     respondent.



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https://www.mhc.tn.gov.in/judis
                                                                                Crl. A(MD) No.309 of 2022




                                  For Appellant      : Mr.V.M.Jegadeeshpandian
                                  For R1 & R2        : Mrs.M.Aasha
                                                       Government Advocate (Crl.side)

                                                    JUDGMENT

The present Criminal Appeal has been filed to set aside the

impugned order, dated 22.04.2022 made in Cr.M.P.No.282 of 2022 on the

file of the II Additional District and Sessions Judge, (FAC) Tirunelveli (IV

Additional Sessions Judge, Tirunelveli).

2. The case of the prosecution is that the defacto complainant/R3

who belongs to a downtrodden community, was pursuing her paramedical

course in a College. When she attended the clinic of the appellant/accused,

he misbehaved with her and threatened her. Therefore, the second

respondent registered a case against the accused in Crime No.232 of 2022

for the offences under Sections 1354A(1) ( 1) and 50691) of IPC r/w

Sections 3(1) (w) (l) and 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

3. It is submitted that the appellant was arrested and remanded to

judicial custody on 06.04.2022.

https://www.mhc.tn.gov.in/judis Crl. A(MD) No.309 of 2022

4. The appellant filed a petition for bail and the same was

dismissed by the Sessions Court and therefore, prayed for enlarging the

appellant on bail.

5. Heard the learned counsel appearing for the appellant and the

learned Additional Public Prosecutor appearing for the respondents 1 and 2

and perused the materials available on record.

7. It is seen that the appellant has been in judicial custody from

06.04.2022 and investigation is almost completed.

8. Considering the above facts and circumstances of the case, this

Court is inclined to allow the Criminal Appeal by setting aside the order,

dated 22.04.2022 made in Cr.M.P.No.282 of 2022 on the file of the

learned II Additional District and Sessions Judge, Tirunelveli on condition

that the appellant shall file an affidavit that he should not have any

communication with the victim girl in future.

9. Accordingly, the Criminal Appeal is allowed and the order, dated

https://www.mhc.tn.gov.in/judis Crl. A(MD) No.309 of 2022

22.04.2022 made in Cr.M.P.No. 282 of 2022 on the file of the II Additional

District and Sessions Judge, Tirunelveli, is set aside. The appellant 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 learned II Additional District and

Sessions Judge, Tirunelveli, and on further conditions that:

[a] the appellant shall appear before the respondent police on every Monday and Saturday at 10.30 a.m until further orders;

[b] the appellant shall not tamper with evidence or witness either during investigation or trial;

[c] the appellant 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 appellant in accordance with law, as if the conditions have been imposed and the appellant 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].



                                                                           19.05.2022
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                     Internet : Yes/No
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