Madras High Court
Manojkumar vs The State Through on 26 October, 2022
Crl.A(MD)No.643 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.10.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.643 of 2022
1.Manojkumar
2.Premkumar ... Appellants / Accused No.1 & 2
( this appeal was allowed on 20.10.2022 insofar as the second
appellant is concerned)
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 Appellant : 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
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 appellant on bail.
2.Heard the learned Counsel appearing for the appellant, learned
Government Advocate (Crl. Side) appearing for the first respondent and the
learned counsel appearing for the second respondent.
3.The first Appellant, who was 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 second appellant was granted appeal bail by this Court, on
20.10.2022 and insofar as the first appellant is concerned, the matter is kept
pending since it was stated that he is involved in previous case similar in
nature in Crime No.22 of 2017. The fist appellant was directed to file an
undertaking affidavit, the same was also filed.
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Crl.A(MD)No.643 of 2022
5.The learned counsel appearing for the appellant would submit
that the first appellant name was deleted from the final report in the above
said Crime No.22 of 2017. Wrong information has been given by the first
respondent while entertaining the appeal, on 20.10.2022. Since appeal bail
was already granted to the second appellant, the first appellant is also
standing in the very same footing. Hence, the same benefit may be extended
to the first appellant also.
6.Whatever it may be, considering the manner of the occurrence, this
Court is inclined to allow the Criminal Appeal in respect of the first 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.
7.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 first appellant. The first 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 first 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 first appellant shall not tamper with evidence or witness
either during investigation or trial;
[c] the first 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 first 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].
26.10.2022
Index : Yes/No
Internet : Yes/No
dss
Note: Issue order copy on 26.10.2022.
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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.
dss
Crl.A(MD)No.643 of 2022
26.10.2022
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