Madras High Court
Thiyagarajan vs The State Of Tamil Nadu on 31 August, 2023
Crl.A.(MD).No.748 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.08.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.748 of 2023
Thiyagarajan ... Appellant/Accused No.5
Vs.
1.The State of Tamil Nadu,
Rep by Deputy Superintendent of Police,
Othakadai Police Station,
Madurai District.
2.The Inspector of Police,
Appan Thiruppathi Police Station,
Maadurai District.
(Crime No.41 of 2015) ... Respondents / Complainant
3. Palani @ Palanirajan ... Victim / De-facto Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Act, 1989 to Set aside the order of learned
Judicial Magistrate Court No.V, Madurai District made in Cr.M.P.No.2789
of 2023 dated 31.07.2023 and allow this appeal by enlarging the appellant
on bail in connection with PRC No.51 of 2017 on the file of the Judicial
Magistrate No.V, Madurai District.
Page 1 of 8
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Crl.A.(MD).No.748 of 2023
For Appellant : Mr.K.Palamurugan
For Respondents : Mr.M.Muthumanikkam
Government Advocate(Crl.Side) for R1 & R2
: Mr.D.Raja Boopathy for R3
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned
order passed in Crl.M.P.No.2789 of 2023 dated 31.07.2023, on the file of
the learned Judicial Magistrate No.V, Madurai District and enlarge the
appellant on bail in connection with PRC.No.51 of 2017, on the file of the
learned Judicial Magistrate No.V, Madurai District.
2.1. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148, 324,
506(2) and 323 of IPC,
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Crl.A.(MD).No.748 of 2023
2.2. According to the prosecution, on 23.01.2015 at about 09.00
p.m, near Kadasanenthal, Uthaya Tea stall, when the defacto complainant
selling chicken, the accused Nos.1 and 2 threatened the defacto complainant
with knife and attacked him, the appellant and other accused have also
attacked the defacto complainant with hands by abusing his caste name.
Hence, the second respondent Police registered a case in Crime No.41 of
2015 against the appellant and the other accused persons, for the offences
under Sections 147, 148, 324, 506(2) and 323 of IPC, after completing the
investigation, the second respondent police filed a charge sheet before the
learned Judicial Magistrate No.V, Madurai District and the same was taken
on file in P.R.C.No.51 of 2017 for the offences under Sections 147, 148,
324, 323 and 506(2) of IPC r/w under Section 3(1) (X) of SC/ST (POA) Act
2015. The appellant has not appear before the trail Court for hearing,
therefore, the learned Judicial Magistrate No.V, Madurai has issued Non-
Bailable Warrant as against the appellant and subsequently, he was arrested
on 26.07.2023 and still he is in custody. Aggrieved over the same, the
appellant has preferred this Criminal appeal.
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Crl.A.(MD).No.748 of 2023
3. The learned counsel for the appellant would submit that
the appellant is working as a lorry cleaner and he all along appeared before
the trial Court and on that particular hearing date alone he was not able to
appear before the trial Court. Under the said circumstance, he seeks to grant
bail to the appellant.
4. The learned counsel for the defacto complainant submitted that
the case is pending in P.R.C. stage from the year 2015 onwards and hence he
strongly objects for grant of bail to the appellant.
5. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2, also reiterated the submission of the defacto
complainant and submitted that in view of the pendency of Non-bailable
warrant, the case was not committed to the jurisdictional Court and hence,
he seeks dismissal of this appeal.
6. This Court considered the rival submissions made on either side
and perused the materials available on record.
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Crl.A.(MD).No.748 of 2023
7. The appellant along with the other accused said to have
attacked the defacto complainant with hands and sustained injury. The
injured is also discharged from the hospital. As a lorry cleaner, the appellant
could not appear before the trial Court on 16.05.2022. Considering the
period of incarceration and also there is no bad antecedent against the
appellant, this Court is inclined to allow the Criminal Appeal by setting
aside the order, dated 31.07.2023 made in Cr.M.P.No.2789 of 2023 on the
file of the learned Judicial Magistrate Court No.V, Madurai District.
8. Accordingly, the Criminal Appeal is allowed and the order
dated 31.07.2023 made in Cr.M.P.No.2789 of 2023 on the file of the learned
Judicial Magistrate No.V, Madurai District, 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 Judicial Magistrate No.V, Madurai,
and on further conditions that:
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Crl.A.(MD).No.748 of 2023
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Judicial Magistrate No.V,
Madurai, may obtain a copy of their valid identity card to ensure their
identity.
(b) the appellant shall appear before the learned Judicial
Magistrate No.V, Madruai daily, daily at 10.30 am, till the commital
proceeding is over. Thereafter, the appellant is directed to appear before the
Special Court, Madurai, on the first working day of every English Calendar
month.
(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].
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Crl.A.(MD).No.748 of 2023
(f) If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
31.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
sbn
Note: Issue order copy on 31.08.2023
To
1.The Deputy Superintendent of Police,
Othakadai Police Station,
Madurai District.
2.The Inspector of Police,
Appan Thiruppathi 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.748 of 2023
K.K.RAMAKRISHNAN, J.
sbn
Crl.A.(MD).No.748 of 2023
31.08.2023
https://www.mhc.tn.gov.in/judis
