Madras High Court
Manojkumar vs The State Through on 20 October, 2022
Crl.A(MD)No.643 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.643 of 2022
1.Manojkumar
2.Premkumar ... Appellants / Accused Nos.1 & 2
Vs.
1.The State through
The Deputy Superintendent of Police,
Theni Sub Division,
Veerapandi Police Station, Theni District.
(Crime No.328 of 2022) ... 1st Respondent/Complainant
2.Abi @ Abimanyu ... 2nd Respondent/ Defacto
Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Amendment
Act 1 of 2016, to call for the records relating to the order, dated 11.10.2022
made in Cr.M.P.No.1035 of 2022 on the file of the learned Sessions Judge,
Special Court for Trial of SC / ST (PoA) Act Cases, Theni District and set
aside the same and enlarge the appellants on bail.
For Appellants : Mr.H.Velavadhas
For R-1 : Mr.S.S.Madhavan
Government Advocate (Crl. Side)
For R2 : Mr.K.P.Narayanakumar
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Crl.A(MD)No.643 of 2022
JUDGMENT
Heard the learned Counsel appearing for the appellants, learned
Government Advocate (Crl. Side) appearing for the first respondent and the
learned counsel appearing for the second respondent.
2.This Criminal Appeal has been filed to call for the records and
set-aside the order passed by the learned learned Sessions Judge, Special
Court for Trial of SC / ST (PoA) Act Cases, Theni District, dated 11.10.2022
made in Cr.M.P.No.1035 of 2022 and enlarge the appellants on bail.
3.The Appellants, who are arrested and remanded to judicial
custody on 07.10.2022, for the offences punishable under Sections294(b),
324, 506(ii) IPC, Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA)
Amendment Act 2015, in Crime No.328 of 2022 on the file of the respondent
police, seek appeal bail.
4.The learned counsel appearing for the appellants would submit
that the appellants have been falsely implicated in this case and the same has
not been considered properly and the appellants is in custody from
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Crl.A(MD)No.643 of 2022
07.10.2022 onwards. He would further submitted that the earlier application
filed before the trial Court was also dismissed on the ground that the injured
was in hospital as inpatient. Now he was discharged from the hospital on
13.10.2022.
5.The learned Government Advocate (Crl. Side) appearing for the
respondent police, on instructions, would submit that the appellants herein are
arrayed as Accused No.1 & 2. He would further submit that if the
appellants/Accused No.1 & 2 are released on bail, they will tamper with the
prosecution witnesses and hamper the investigation. He would further submit
that the application seeking bail before the trial Court was dismissed on the
ground that the first accused is having two previous cases, among which, one
is similar in nature and therefore, he objected to grant bail to the appellants.
6.The learned counsel for the petitioner submitted that out of two
previous cases the first appellant was acquitted in one case. But the
respondent Officer, who present before this Court today, disputed the same.
Therefore, this Court is inclined to keep the matter pending against the first
appellant and the first appellant is directed to file an undertaking affidavit to
that effect.
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Crl.A(MD)No.643 of 2022
7.So far as the Second appellant is concerned it is a dispute between
two neighbours and the quarrel arose between them is due to the taking of
sand in the channel running near their properties and there is no previous
antecedents mentioned against the second appellant. Therefore, this Court is
inclined to allow this appeal in respect of the second appellant.
8.Considering the above facts and circumstances of the case and
also considering the fact that, this Court is inclined to allow the Criminal
Appeal in respect of the second appellant by setting aside the order, dated
11.10.2022 made in Crl.M.P.No.1035 of 2022 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni
District.
9.Accordingly, the Criminal Appeal is allowed and the order, dated
11.10.2022 made in Crl.M.P.No.1035 of 2022 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni
District, is set aside in respect of the second appellant. The second appellant
is ordered to be released on bail on his executing a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like
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Crl.A(MD)No.643 of 2022
sum to the satisfaction of the learned Sessions Judge, Special Court for Trial
of SC / ST (PoA) Act Cases, Theni District, and on further condition that:
[a] the second appellant shall appear before the concerned court,
daily twice i.e. at 10:30 a.m., in the morning and 05:30 p.m., in the evening
until further orders;
[b] the second appellant shall not tamper with evidence or witness
either during investigation or trial;
[c] the second 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 second appellant in accordance
with law, as if the conditions have been imposed and the second appellant
released on bail by the Trial Court itelf as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
10.In respect of the first appellant, list the matter on 26.10.2022.
20.10.2022
Index : Yes/No
Internet : Yes/No
TM
Note: Issue order copy on 20.10.2022.
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Crl.A(MD)No.643 of 2022
To
1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases,
Theni District.
2.The Deputy Superintendent of Police,
Theni Sub Division,
Veerapandi Police Station, Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.643 of 2022
G.ILANGOVAN,J.
TM
Crl.A(MD)No.643 of 2022
20.10.2022
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