Madras High Court
Hariharan vs The State Rep By on 28 September, 2022
Crl. A.(MD)No.568 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 28.09.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)No.568 of 2022
Hariharan ... Appellant/Petitioner/Sole Accused
Vs.
1.The State rep by
The Deputy Superintendent of Police,
Madurai Sub Division,
Madurai District.
2.The Inspector of Police,
Karuppayoorani Police Station,
Madurai District.
(In Crime No.78 of 2022) ... Respondents 1&2/Respondents/Complainant
3.Amutha ... 3rd Respondent/Respondent/Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of SC/ST Act, to set
aside the order dated 06.09.2022 made in Crl.MP.No.1808 of 2022 on the file of the
learned III Additional District and Sessions Judge (PCR), Madurai District, in
connection with Cr.No.78 of 2022 on the file of the 2nd Respondent police and
enlarge the appellant on bail.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.568 of 2022
For Appellant : Mr.J.Sulthan Basha
For R1 & R2 : Mr.S.Manikandan,
Government Advocate (Crl.Side)
For R3 : Mr.N.Ananathapadmanabhan
for M/s.APN Law Associates.
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed by the
learned III Additional District and Sessions Judge (PCR), Madurai District, in
Crl.MP.No.1808 of 2022, dated 06.09.2022.
2.The case of the prosecution is that the defacto complainant lodged a
complaint stating that she is working as a part time Teacher in the Government
Higher Secondary School, Varichiyur. Due to some previous enmity between the
accused person and the defacto complainant, on 04.04.2022, there was school
meeting in the presence of Hariharan/appellant herein. The defacto complainant did
not attend the meeting. So, she was insulted and abused by calling her with caste
name. When that was brought to her notice, she lodged the present complaint.
3.Based upon the above, case was registered. Now, the appellant was
arrested and remanded to custody. Seeking bail, he filed a bail application before the
III Additional District and Sessions Judge (PCR), Madurai District. That came to be
dismissed.
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Crl. A.(MD)No.568 of 2022
4.It has been brought to the notice of this Court that subsequent to the
above said complaint, the appellant filed a false complaint against the defacto
complainant by instigating some other School students. After due enquiry, that
complaint was closed by pointing out that the conduct on the part of the appellant.
5.The learned counsel for the third respondent would submit that if the
appellant is released on bail, he will make trouble to the defacto complainant.
6.The learned counsel for the appellant would submit that he is in
incarceration for 42 days. By this time, the investigation might have been completed.
7.Perusal of CD file shows that most part of the investigation is also over.
No purpose is going to serve by detaining the appellant in Prison. But, however,
considering the conduct on the part of the appellant, the appellant shall file an
undertaking affidavit before the concerned Court that he will not make any trouble to
the defacto complainant in future.
8. On the basis of the undertaking affidavit, this Court is inclined to allow
the Criminal Appeal by setting aside the order, dated 06.09.2022 made in
Crl.MP.No.1808 of 2022 on the file of the learned III Additional District and
Sessions Judge (PCR), Madurai District.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.568 of 2022
9. Accordingly, the Criminal Appeal is allowed and the order dated
06.09.2022 made in Crl.MP.No.1808 of 2022 on the file of the III Additional
District and Sessions Judge (PCR), Madurai District, is set aside. The 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 sum to the satisfaction
of the learned III Additional District and Sessions Judge (PCR), Madurai District,
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 appellant shall report before the respondent police
daily at 10:30 a.m., until further orders.
[c]the appellant shall not tamper with evidence or witness
either during investigation or trial.
[d]the appellant 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 appellant in accordance with law as if the
conditions have been imposed and the appellant 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].
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Crl. A.(MD)No.568 of 2022
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
10.If any violation or misconduct is noticed, bail granted by this Court to
the appellant, shall stand cancelled automatically without further reference to this
Court. After releasing on bail, the appellant must file a copy of the above said
affidavit before the concerned Magistrate Court and send another copy to the
concerned Police Station.
28.09.2022
Index : Yes/No
Internet : Yes/No
dss
Note : Issue order copy on 29.09.2022
To
1.The III Additional District and Sessions Judge (PCR),
Madurai District.
2. The Deputy Superintendent of Police,
Madurai Sub Division,
Madurai District.
3.The Inspector of Police,
Karuppayoorani Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.568 of 2022
G.ILANGOVAN,J
dss
Crl. A.(MD)No.568 of 2022
28.09.2022
https://www.mhc.tn.gov.in/judis
