Madras High Court
Jebasingh Kanagaraj vs The Deputy Superintendent Of ... on 27 April, 2023
CRL.A(MD).No. 345 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.A(MD).No.345 of 2023
Jebasingh Kanagaraj :Appellant
Vs.
1.The Deputy Superintendent of Police,
Tiruchendur,
Thoothukudi District.
2.The Inspector of Police,
Kulasekarapattinam Police Station,
Thoothukudi District.
Crime No.45 of 2023.
3.Thangammal : Respondents
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, to call for the records and set aside the order dated
18.04.2023 made in Cr.M.P.No.317 of 2023 on the file of the Special Court
for Trial of Cases under SC/ST (POA) Act, Thoothukudi and enlarge the
appellant on bail.
For Appellant : Mr.R.Anand,
for Mr.S.Ashok
1/6
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CRL.A(MD).No. 345 of 2023
For R1 and R2 : Mr.A.Albert James,
Government Advocate (Criminal Side)
For R3 : Mr.V.Rajiv Rufus.
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Cr.M.P.No.317 of 2023, dated 18.04.2023, on the file of the learned
Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) Act,
Thoothukudi (FAC), and enlarge the appellant on bail.
2. The case of the prosecution is that the defacto complainant's
husband was working as sweeper in Udangudi Panchayat for the past 30
years and the then President/A1 has demanded money for his promotion.
On 17.03.2023, when the defacto complainant's husband was present in the
Panchayat Office on Muster roll, the accused abused him in filthy language
and using his caste name, unable to tolerate the humiliation caused, he had
committed suicide by consuming poison. After investigation, the
respondent Police has registered case in Crime No.45 of 2023 against the
appellant and other accused persons, under Sections 294(b), 186, 306, 109,
212 of IPC, and Sections 3(1) (r), 3(1)(s) and 3(2) (v) of SC/ST(POA)Act.
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CRL.A(MD).No. 345 of 2023
He has filed a petition for bail in Cr.M.P.No.317 of 2023 and the same was
dismissed by the learned Sessions Judge, Special Court for Trial of Cases
under SC/ST (POA) Act, Thoothukudi, on 18.04.2023. Challenging the
same, the appellant has preferred the present Criminal appeal.
3. The learned counsel for the appellant would submit that the
appellant is innocent and he has not committed any offence as alleged by
the prosecution and he has been falsely implicated in this case. He would
further submit that the co-accused has been released on bail by this Court.
4. The learned counsel for the defacto complainant/third respondent
has raised objections to grant bail to the appellant.
5. The learned Government Advocate (Criminal Side) appearing for
the State would submit that the appellant has helped the first accused
financially. He has also raised objections to grant bail to the appellant.
6. Considering the facts and circumstances of the case and also the
charges levelled against the appellant, this Court is inclined to allow the
Criminal Appeal by setting aside the order, dated 18.04.2023 made in
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CRL.A(MD).No. 345 of 2023
Cr.M.P.No.317 of 2023 on the file of the learned Sessions Judge, Special
Court for Trial of SC/ST(POA) Act Cases, Thoothukudi.(FAC).
7. Accordingly, the Criminal Appeal is allowed and the order, dated
18.04.2023 made in Cr.M.P.No.317 of 2023 on the file of the learned
Sessions Judge, Special Court for Trial of SC/ST(POA) Act Cases,
Thoothukudi (FAC), 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 learned Special Court for Trial of Cases under SC/ST (POA) Act Cases,
Thoothukudi District, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Special Judge for Trial of
Cases under SC/ST (POA) Act, Thoothukudi, 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 am, 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.
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CRL.A(MD).No. 345 of 2023
(e) On breach of any of the aforesaid conditions, the learned
Magistrate/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 Magistrate/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.
27.04.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
das
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CRL.A(MD).No. 345 of 2023
K.MURALI SHANKAR,J.
das
To
1.The Sessions Judge, Special Court for
Trial of Cases under SC/ST (POA) Act,
Thoothukudi.
2.The Deputy Superintendent of Police,
Tiruchendur, Thoothukudi.
3.The Inspector of Police,
Kulasekarapattinam Police Station,
Tuticorin.
4.The Superintendent, Central Prison,
Palayamkottai.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
Order made in
CRL.A(MD).No. 345 of 2023
27.04.2023
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