Madras High Court
Balamurugan vs The State Represented By Its on 6 April, 2023
Crl. A.(MD)No.224 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 06.04.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.224 of 2023
Balamurugan ... Appellant/Petitioner &
2nd Accused
Vs.
1.The State represented by its
The Deputy Superintendent of Police,
Aundipatti Sub Division,
Theni District. .
2.The Inspector of Police,
Vaigaidam Police Station,
Theni District.
(Crime No.4 of 2023) ... Respondents 1 and 2/
Respondents & Complainants
3.Ajithukumar
4.Srirengan ... 3rd & 4th Respondents/
Complainants & Victim
Prayer : This Criminal Appeal is filed under Section 14A(2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015, to call for the entire records relating to the order dated 15.03.2023
passed in Cr.M.P.No.389 of 2023 in Crime No.4 of 2023 on the file of the
Special Court for trial of cases under SC/ST (POA) Act, Theni and set aside
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Crl. A.(MD)No.224 of 2023
the same as arbitrary and consequently to release the petitioner on bail in
connection with case in Crime No.4 of 2023 on the file of the second
respondent police.
For Appellant : Mr.N.Pragalathan
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl. Side)
For R3 : M/s.C.Arokia Selvi
Legal Aid Counsel
JUDGMENT
This Criminal Appeal is directed against the order passed in
Crl.M.P.No.389 of 2023 dated 15.03.2023 by the learned Sessions Judge,
Special Court for trial of cases under SC/ST (POA) Act, Theni.
2. The case of the prosecution is that on 17.01.2023, the appellant
along with the first accused had attacked the third respondent/defacto
complainant and the fourth respondent and abused them by using their caste
name and criminally intimidated them and also slapped the third respondent
with chappels. Hence, the third respondent registered a case against two
persons including the appellant herein in Crime No.4 of 2023 for the offences
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Crl. A.(MD)No.224 of 2023
under Sections 294(b), 323, 355 and 506(2) IPC and Sections 3(l)(r), 3(l)(s)
and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for the appellant would submit that
the appellant is innocent and he has not committed any offence as alleged by
the prosecution. He would further submit that in pursuance of the direction of
this Court in Crl.O.P.(MD)No.1405 of 2023 dated 28.02.2023, the appellant
has surrendered before the jurisdictional Court and the learned Sessions Judge,
by accepting the surrender of the appellant, has remanded him to the judicial
custody on 15.03.2023 and that the first accused was already granted bail by
this Court in Crl.A.(MD)No.107 of 2023 dated 16.02.2023.
4. The learned counsel appearing for the third respondent has raised
objections to grant bail to the appellant.
5. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that no one was injured in the incident
and that the appellant is not having any previous cases.
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Crl. A.(MD)No.224 of 2023
6. Considering the above facts and circumstances and also the facts
that the appellant is in judicial custody from 15.03.2023, that the appellant is
not having any previous cases for similar offence or serious offence and that
no one was injured in the incident, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 15.03.2023 made in Crl.M.P.No.389
of 2023 on the file of the learned Sessions Judge, Special Court for trial of
cases under SC/ST (POA) Act, Theni.
7. Accordingly, the Criminal Appeal is allowed and the order dated
15.03.2023 made in Crl.M.P.No.389 of 2023 on the file of the learned
Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act,
Theni, 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 Special
Court for trial of cases under SC/ST (POA) Act, Theni, 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.
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Crl. A.(MD)No.224 of 2023
[b]the appellant shall appear 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].
[f] If the accused thereafter absconds, a fresh FIR
can be registered under Section 229-A IPC.
06.04.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
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Crl. A.(MD)No.224 of 2023
K.MURALI SHANKAR, J.
csm
To
1.The Superintendent,
District Jail,
Thekkampatti, Theni, Theni District.
2.The Sessions Judge,
Special Court for trial of cases under SC/ST (POA) Act, Theni.
3.The Deputy Superintendent of Police,
Aundipatti Sub Division,
Theni District. .
4.The Inspector of Police,
Vaigaidam Police Station,
Theni District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.224 of 2023
06.04.2023
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