Lakshmanan @ Raja vs The State Rep By
2022 Latest Caselaw 17587 Mad

Citation : 2022 Latest Caselaw 17587 Mad
Judgement Date : 14 November, 2022

Madras High Court

Lakshmanan @ Raja vs The State Rep By on 14 November, 2022

                                                                        CRL.R.C(MD)No.712 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 14.11.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                              Crl.A(MD)No.712 of 2022

                     Lakshmanan @ Raja                                        ... Appellant


                                                       Vs.

                     1.The State Rep by
                       The Deputy Superintendent of Police,
                       Devakottai,
                       Sivagangai District.
                     2.State through,
                      The Inspector of Police,
                      Velayutham Pattinam Police Station,
                       Sivagangai District.
                     3.Periyannan                                      ... Respondents


                     Prayer: This Criminal Appeal has been filed under Section 14 (A) (2)
                     SC/ST (POA) Act, to call for the records pertaining to order passed by
                     the Session Judge Special Court for exclusive trial of cases under SC/ST
                     (POA) Act, 1989, Sivagangai in Crl.M.P.No.1438 of 2022 dated
                     31.10.2022 and set aside the same and release the appellant/petitioner on
                     bail in Cr.No.36 of 2022 on the file of the second respondent.


                                     For Appellant     : Mr.G.Thiruvarut Selvan
                                     For Respondents   : Mr.S.Manikandan
                                                         Government Advocate (Crl.Side)
                                                         for 1 and 2
https://www.mhc.tn.gov.in/judis
                                                                              CRL.R.C(MD)No.712 of 2022




                                                           JUDGMENT

This Criminal Appeal has been filed to call for the records

pertaining to order passed by the Session Judge Special Court for

exclusive trial of cases under SC/ST (POA) Act, 1989, Sivagangai in

Crl.M.P.No.1438 of 2022 dated 31.10.2022 and set aside the same and

release the appellant/petitioner on bail in Cr.No.36 of 2022 on the file of

the second respondent.

2. On 09.11.2022, the third respondent/defacto complainant is

present before this Court and he has stated that on the date of occurrence

he was assaulted by the appellant.

3. The learned counsel for the appellant submitted that on the date

of occurrence, the appellant along with other accused were in drunken

mode and because of that only, that assault has been made. He further

submitted that the injured has been discharged from the hospital and the

appellant has also filed an undertaking affidavit stating that he will not

give any trouble to the defacto complainant in future.

https://www.mhc.tn.gov.in/judis CRL.R.C(MD)No.712 of 2022

4. On the earlier occasion, the second respondent police is present

before this Court and he stated that the appellant is working in abroad, he

came to his village on occasionally and whenever he came to village he

involved in offences. Because of his nature and conduct more than 6

previous cases have been registered, out of which, 3 cases were disposed

of. So far as this case is concerned without any reason, the appellant

assaulted the complainant.

5. The conduct of the appellant cannot be approved. But however,

considering the nature of injury and the period of incarceration, this

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

dated 30.10.2022 made in Cr.M.P.No.1438 of 2022 on the file of the

learned Session Judge Special Court for Exclusive trial of Cases under

SC/ST Act Cases 1989, Sivagangai.

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

30.10.2022 made in Cr.M.P.No.1438 of 2022 on the file of the learned

Session Judge Special Court for Exclusive trial of Cases under SC/ST

Act Cases 1989, Sivagangai, is set aside. The appellants are ordered to be

released on bail on her executing a bond for a sum of Rs.10,000/-

(Rupees Ten Thousand only) each, with two sureties, each for a like sum https://www.mhc.tn.gov.in/judis CRL.R.C(MD)No.712 of 2022

to the satisfaction of the learned Special Court for trial of SC/ST Act

Cases, Pudukottai, and on further conditions that:

[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.

[b]the appellants shall report before the respondent police daily at 10:30 a.m., until further orders.

[c]the appellants shall not tamper with evidence or witness either during investigation or trial.

[d]the appellants shall co-operate with the investigation.

[e]On breach of any of the aforesaid conditions, the learned Sessions Judge/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 learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].