Vimal Baseer vs The Deputy Superintendent Of ...
2022 Latest Caselaw 15800 Mad

Citation : 2022 Latest Caselaw 15800 Mad
Judgement Date : 7 October, 2022

Madras High Court

Vimal Baseer vs The Deputy Superintendent Of ... on 7 October, 2022

Crl. A.(MD)No.623 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATE : 07.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

Crl. A.(MD)No.623 of 2022

Vimal Baseer ... Appellant/Petitioner

Vs.

1. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Karur Town Sub Division,
Karur District.

2. The Inspector of Police,
Karur Town Police Station,
Karur.
(In Crime No.1031 of 2022) ... Respondents/Respondents

3. Sasmitha ... 3rd Respondent/Defacto Complainant

Prayer : Criminal Appeal filed under Section 374(2) of the Criminal Procedure
Code r/w 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 as amended by Act 1/2016 to call for the records and set aside
the order passed by the learned Principal District and Sessions Judge, Karur in
Crl.M.P.No.1774 of 2022 dated 28.09.2022, consequently release the appellant on
bail in S.C.No.17 of 2021 on the file of the Principal District and Sessions Judge,
Karur in accordance with law within the time stipulated by this Court.

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https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.623 of 2022

For Appellant : Mr.R.Manickaraj

For Respondents : Mr.K.Sanjai Gandhi
Govt. Advocate (Crl.Side) for R1&R2

JUDGMENT

This Criminal Appeal has been filed to set aside the order passed by the

learned Principal District and Sessions Judge, Karur, in Crl.M.P.No.1774 of 2022,

dated 28.09.2022.

2. The case of the prosecution is that on 18.09.2020, at about 09.00 a.m.,

the accused persons came to the deceased's tender coconut shop with aruval in order

to terminate him and caused cut injuries on the deceased. Hence, the complaint has

been registered by the second respondent police for the offence under Sections 302,

120(B), 506, 294(b), 109, 114, 212 and 506(i) of IPC r/w Section 3(2)(v) of SC/ST

(POA), 2015 against the accused persons.

3. The learned counsel appearing for the appellant submitted that the

appellant has been falsely implicated in this case. In this case, totally there are 11

accused and the appellant is ranked as accused No.11. The appellant regularly

appeared before the trial Court through his counsel. On 21.09.2022, due to severe

cold and head ache, the appellant was unable to appear before the trial Court, due to

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.623 of 2022

which, Non-bailable Warrant was issued as against the appellant. Therefore, the

appellant was arrested and remanded to judicial custody on 23.09.2022.

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

trial Court and therefore, prayed for enlarging the appellant on bail.

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

Government Advocate appearing for the respondents 1 and 2 and perused the

materials available on record.

6. It is seen that the appellant has been in judicial custody from 23.09.2022

and investigation is almost completed.

7. Considering the above facts and circumstances of the case, this Court is

inclined to allow the Criminal Appeal by setting aside the order, dated 28.09.2022

made in Cr.M.P.No.1774 of 2022 on the file of the learned Principal District and

Sessions Judge, Karur.

8. Accordingly, this Criminal Appeal is allowed and the order, dated

28.09.2022 made in Cr.M.P.No.1774 of 2022 on the file of the learned Principal

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.623 of 2022

District and Sessions Judge, Karur, 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 Principal District and Sessions Judge, Karur, and on further conditions that:

[a] the appellant shall appear before the respondent police on daily 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].


                                                                              07.10.2022
            Index    : Yes/No
            Internet : Yes/No

            ssb / vji





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                                                                    Crl. A.(MD)No.623 of 2022

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