Madras High Court
Santhikumar vs The State Of Tamil Nadu on 17 August, 2023
Crl.A.(MD).No.658 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.658 of 2023
Santhikumar ... Appellant / Accused No.11
Vs.
1.The State of Tamil Nadu,
Rep by Deputy Superintendent of Police,
Othakadai Police Station,
Madurai District.
(Crime No.195/2023) ... 1st Respondent / Investigating
Officer
2.The Inspector of Police,
Othakadai Police Station,
Madurai District.
(Crime No.195/2023) ... 2nd Respondent / Complainant
3.Dhandapani ... 3rd Respondent / De-facto
Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Act, 1989 to call for the records relating to
Crl.M.P.No.2183 of 2023 in Cr.No.195 of 2013 on the file of the III
Additional District and Sessions Judge, (PCR), Madurai dated 25.07.2023
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Crl.A.(MD).No.658 of 2023
and set aside the same and enlarge the appellant/accused No.11 on bail in
connection with Crime No. 195 of 2023 on the file of the second respondent
by allowing this criminal appeal.
For Appellant : Mr.S.Madhan Kumar
For Respondents : Mr.R.Sivakumar
Government Advocate (Crl.Side)
For R1 & R2
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned
order passed in Crl.M.P.No.2183 of 2023 dated 25.07.2023, on the file of
the III Additional District and Sessions Court (PCR Act), Madurai, and
enlarge the appellant on bail in connection with Crime No.195 of 2023, on
the file of the second respondent police.
2.1. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148,
294(b), 452, 323, 324 and 506(2) of IPC, Section 3 of the Public Property
(Prevention of Damage & Loss) Act, 1992, and Sections 3(1)(r) and 3(1)(s)
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Crl.A.(MD).No.658 of 2023
& 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.
2.2. According to the prosecution, on 02.06.2023, temple festival
was conducted in Sri Kalamega Perumal Kovil at Thirumohur, Madurai
District. In the said festival, when the cultural programme namely, 'Aadal
Padal' event was conducting, there was a clash between two community
people and a number of vehicles belongs to one of the community were
destroyed. Because of that, there was fight between two community people.
In the said occurrence, number of persons have sustained injuries. So, they
were admitted in the Rajaji Government Hospital, Madurai. Hence, the first
respondent Police registered a case in Crime No.195 of 2023 against the
appellant and the other accused persons, for the offences under Sections
147, 148, 294(b), 452, 323, 324 and 506(2) of IPC, Section 3 of the Public
Property (Prevention of Damage & Loss) Act, 1992, and Sections 3(1) (r)
and 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act,
2015. Hence, he has filed a petition for bail in Cr.M.P.No.2183 of 2023 and
the same was dismissed by the III Additional District & Sessions Court
(PCR Cases), Madurai, on 25.07.2023. Challenging the same, the appellant
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Crl.A.(MD).No.658 of 2023
has preferred this Criminal appeal.
3. The learned counsel for the appellant would submit that
the co-accused were released on bail by the Court below. Against which, no
further appeals were filed by the complainant. As on date, peace is
prevailing in the locality and the injured also discharged from the hospital.
Under the said circumstance, he seeks to grant bail to the appellant.
4. The learned Government Advocate (Criminal Side) appearing
for the State would submit that there are initially 24 accused and further 6
accused were added. The appellant was arrayed as A11. He would further
submit that there is some dispute arose between two groups of people and
there is rival fight between two communities. However, he fairly conceded
that some of the co-accused were granted bail by the Court below and the
appellant is in judicial custody from 08.07.2023 and he has no bad
antecedent.
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Crl.A.(MD).No.658 of 2023
5. The learned counsel for the defacto complaint/third respondent
has raised objections to grant bail to the appellant by reiterating the
submission made by the learned Government Advocate (Crl.Side). He
would further submit that the bail granted to the co-accused by the trial
Court is not a ground to grant bail to the accused. The learned counsel for
the defacto complainant further submitted that after granting bail to the
number of accused, subsequent occurrence has also happened. In the
subsequent occurrence, there is a allegation that the accused said to have
threatened the witnesses. He would further submit that even though
normalcy is restored, still there is apprehension of clash between two
communities. Even though, the appellant does not belong to the rival
communities, grant of bail to the appellant would result in tampering of
witnesses and hence, he seeks fro dismissal of this appeal. He would further
submit that in the event of bail granted, the appellant may be directed to stay
away from the occurrence place.
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Crl.A.(MD).No.658 of 2023
6. Considering the period of incarceration and also the facts that
as on date prevailing peace in the locality, the co-accused were granted bail
by the Court below, there is no bad antecedent against the appellant and the
injured also discharged from the hospital, this Court is inclined to allow the
Criminal Appeal by setting aside the order, dated 25.07.2023 made in
Cr.M.P.No.2183 of 2023 on the file of the III Additional District and
Sessions Court (PCR Act), Madurai.
7. Accordingly, the Criminal Appeal is allowed and the order
dated 25.07.2023 made in Cr.M.P.No.2183 of 2023 on the file of the III
Additional District and Sessions Court (PCR Act), Madurai, 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 III Additional District and Sessions
Court (PCR Act), Madurai, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the III Additional District and Sessions
Court (PCR Act), Madurai, may obtain a copy of their valid identity card to
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Crl.A.(MD).No.658 of 2023
ensure their identity.
(b) the appellant shall stay at Dindigul and report before the
Dindigul Town North Police Station, 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.
(e) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
appellants 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.
17.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
sbn
Note: Issue order copy on 17.08.2023
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Crl.A.(MD).No.658 of 2023
To
1.The III Additional District & Sessions Court (PCR Act),
Madurai.
2.The Deputy Superintendent of Police,
Othakadai Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
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Crl.A.(MD).No.658 of 2023
K.K.RAMAKRISHNAN, J.
sbn
Crl.A.(MD).No.658 of 2023
17.08.2023
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