Madras High Court
Perumal @ Ayyamperumal vs The Deputy Superintendent Of ... on 18 April, 2023
CRL.A.NO.336 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.A.NO.336 OF 2023
1.Perumal @ Ayyamperumal
2.Arivalagan @ Arivu ... Appellants
Vs.
State by
1.The Deputy Superintendent of Police
Edappadi, Salem District.
2.The Inspector of Police
Edappady Police Station
Edappady, Salem District.
(Cr.No.71 of 2023)
3.Ramesh ... Respondents
PRAYER: Criminal Appeal filed under Section 14(A)(2) of the SC / ST Act,
1989, to set aside the order passed by the Principal Sessions Judge, Salem, in
Crl.M.P.No.734 of 2023 and the same was dismissed on 16.03.2023 and
enlarge the appellants on bail in Cr.No.71 of 2023 pending on the file of the
Inspector of Police, Edappady Police Station, Edappady, Salem District.
For Appellants : Mr.C.Prakasam
For Respondents : Mr.A.Gokulakrishnan
1 and 2 Additional Public Prosecutor
For Respondent 3 : No appearance
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CRL.A.NO.336 OF 2023
JUDGMENT
This Criminal Appeal has been preferred by the appellants against
the dismissal of the bail petition preferred by them before the learned Principal
Sessions Judge, Salem, in Crl.M.P.No.734 of 2023 dated 16.03.2023 and to
enlarge them on bail.
2.The learned counsel for the appellants submitted that the
respondent police registered a case in Crime No.71 of 2023 for the offences
punishable under Sections 294(b), 323, 506(i) IPC r/w. Sections 3(1)(r) and
3(1)(s) of SC/ST (POA) Amendment Act, 2015, upon a complaint given by the
defacto complainant / third respondent herein, which was only a wordy quarrel.
On 08.03.2023, when the defacto complainant talking with his friend at Bus
Stand, the first accused came in a drunken manner, quarrelled with the defacto
complainant's friend by saying that the defacto complainant is hailing from
Scheduled Caste. When it was questioned by the defacto complainant, he was
assaulted by the accused and the accused abused him in filthy language
mentioning his caste name. The appellants/accused were arrested and remanded
to judicial custody on 11.03.2023. Subsequently, the appellants filed a bail
petition before the learned Principal Sessions Judge, Salem, in Crl.M.P.No.734
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CRL.A.NO.336 OF 2023
of 2023 and the same was dismissed 16.03.2023, without considering the fact
that the occurrence is only a wordy quarrel and there is no serious injuries
caused to the victim / defacto complainant. Therefore, the appellants seek to
enlarge them on bail.
3.The learned Additional Public Prosecutor for the respondents 1
and 2 conceded that there was a wordy quarrel between the appellants and the
defacto complainant and no serious injuries have been caused by the appellants
to the victim / defacto complainant.
4.I have considered the submissions made by the learned counsel
for the appellants and the learned Additional Public Prosecutor and perused the
materials available on record.
5.Though notice has been served on the defacto complainant /
third respondent and his name also printed in the cause list, none appears on
behalf of the third respondent.
6.On perusal of the records and the FIR, the fact reveals that the
respondent police registered a case in Crime No.71 of 2023 for the offences
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CRL.A.NO.336 OF 2023
punishable under Sections 294(b), 323, 506(i) IPC r/w. Sections 3(1)(r) and
3(1)(s) of SC/ST (POA) Amendment Act, 2015, upon a complaint given by the
defacto complainant. It is seen from the records that there was wordy quarrel
between the appellants and the defacto complainant. On 08.03.2023, when the
defacto complainant talking with his fried at Bus Stand, the first accused came
in a drunken manner, quarrelled with the defacto complainant's friend by saying
that the defacto complainant hailing from Scheduled Caste. When it was
questioned by the defacto complainant, he was assaulted by the accused and the
accused also abused him in filthy language mentioning his caste name. The
appellants/accused were arrested and remanded to judicial custody on
11.03.2023. The appellants filed a bail petition before the learned Principal
Sessions Judge, Salem, in Crl.M.P.No.734 of 2023 and the same was dismissed
on 16.03.2023. There is no serious injuries caused to the victim / defacto
complainant.
7.Considering the nature of the offence and the allegations levelled
against the appellants and also considering the fact that the appellants are in
judicial custody from 11.03.2023, this Court is inclined to grant bail to the
accused / appellants.
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CRL.A.NO.336 OF 2023
8.Accordingly, the impugned order dated 16.03.2023 passed in
Crl.M.P.No.734 of 2023 by the learned Principal Sessions Judge, Salem, is set
aside and the appellants / accused are ordered to be released on bail on their
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each,
with two sureties each, for the like sum before the learned Principal Sessions
Judge, Salem. Further,
(a) the sureties shall affix their photographs and
left thumb impression in the surety bond and the above
said Court may obtain a copy of their Aadhar card or
Bank pass Book to ensure their identity;
(b) the appellants shall not tamper with evidence
or witness either during investigation or trial;
(c) the appellants shall appear before the above
said Court on receipt of summon;
(d) the appellants shall not abscond either
during investigation or trial;
(e) on breach of any of the aforesaid conditions,
the Trial Court is entitled to take appropriate action
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CRL.A.NO.336 OF 2023
against the appellants in accordance with law as if the
conditions have been imposed and the appellants
released on bail by the Trial Court himself as laid
down by the Hon'ble Supreme Court in P.K.Shaji Vs.
State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh
FIR can be registered under Section 229-A IPC.
9.With the above directions, this Criminal Appeal is allowed.
18.04.2023
Internet : Yes/No
Note : Issue order copy on 19.04.2023
TK
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CRL.A.NO.336 OF 2023
To
1.The Principal Sessions Judge
Salem.
2.The Deputy Superintendent of Police
Edappadi, Salem District.
3.The Inspector of Police
Edappady Police Station
Edappady,
Salem District.
4.The Public Prosecutor
High Court of Madras.
5.The Superintendent
Central Prison
Salem,
Salem District.
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CRL.A.NO.336 OF 2023
V.SIVAGNANAM, J.
TK
CRL.A.NO.336 OF 2023
18.04.2023
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