Madras High Court
Thangapandi vs The Deputy Superintendent Of ... on 8 August, 2023
CRL.A(MD).No. 650 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.A(MD).No.650 of 2023
Thangapandi : Appellant/Accused No.19
Vs.
1.The Deputy Superintendent of Police,
Oomachikulam Sub-Division,
Madurai.
2.The Inspector of Police,
Othakadai Police Station,
Madurai District.
In Crime No.195 of 2023.
3.Dhandapani : Respondent/Respondent/
Complainant
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 relating to the order in Crl.M.P.No.
2200 of 2023 dated 25.07.2023 on the file of the III Additional District and
Sessions Court (PCR Cases), Madurai, and set aside the same and grant
bail to the appellant by allowing this Criminal Appeal.
1/8
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 650 of 2023
For Appellant : Mr.S.Poornachandran
For R21 & R2 : Mr.M.Vaikkam Karunanithi
Government Advocate (Criminal Side)
For R3 : Mr.K.Paulmurugan
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned order
passed in Crl.M.P.No.2200 of 2023 dated 25.07.2023, on the file of the III
Additional District and Sessions Court (PCR Cases), 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)
& 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
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CRL.A(MD).No. 650 of 2023
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.2200 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 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.
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CRL.A(MD).No. 650 of 2023
4. The learned Government Advocate (Criminal Side) appearing for
the State would submit that there are totally 24 accused. The appellant was
arrayed as A21. 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 13.07.2023 and he has no bad antecedent.
5.The learned counsel for the defacto complainant/third respondent
would further submit that bail granted to the co-accused by the Court
below is not a ground to grant bail to the appellant. He would further
submit that even though normalcy is restored, still there is apprehension of
clash between two communities. Further, grant of bail to the appellant
would result in tampering of witnesses and hence, he seeks for dismissal of
this appeal.
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
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CRL.A(MD).No. 650 of 2023
the Criminal Appeal by setting aside the order, dated 25.07.2023 made in
Cr.M.P.No.2200 of 2023 on the file of the III Additional District &
Sessions Court (PCR Cases), Madurai.
7. Accordingly, the Criminal Appeal is allowed and the order, dated
25.07.2023, made in Cr.M.P.No.2200 of 2023 on the file of the
III Additional District & Sessions Court (PCR Cases), 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 & Sessions Court (PCR Cases), 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 & Sessions
Court (PCR Cases), Madurai, may obtain a copy of their valid identity card
to ensure their identity.
(b) the appellant appear 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.
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CRL.A(MD).No. 650 of 2023
(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.
08.08.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
dss
Note : Issue order copy on 09.08.2023
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CRL.A(MD).No. 650 of 2023
To
1.The III Additional District & Sessions Court (PCR Cases),
Madurai.
2.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
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.
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 650 of 2023
K.K.RAMAKRISHNAN,J.
dss
Order made in
CRL.A(MD).No.650 of 2023
08.08.2023
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