Kalaivendhan vs State: The Inspector Of Police
2023 Latest Caselaw 17446 Mad

Citation : 2023 Latest Caselaw 17446 Mad
Judgement Date : 22 December, 2023

Madras High Court

Kalaivendhan vs State: The Inspector Of Police on 22 December, 2023

                                                                             Crl. A.(MD)No.1056 of 2023



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                      Reserved on           : 14.12.2023
                                      Pronounced on         : 22.12.2023


                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE P.VADAMALAI

                                            Crl. A.(MD)No.1056 of 2023


            1.Kalaivendhan

            2.Suryabharathi

            3.Sarankumar                                                    ... Appellants

                                                      Vs.


            1.State: The Inspector of Police,
              Koradacherry Police Station,
              Thiruvarur District.

            2.State: by Deputy superintendent of Police,
              Koradacherry Police Station,
              Thiruvarur District.

            3.Senthilkumar                                                 ... Respondents



            Prayer : This Criminal Appeal is filed under Section 14-A(2) of SC/ST (Prevention

            of Atrocities) Act, 1989, to call for the records in Cr.M.P.No.551 of 2023 in Crime

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                                                                                  Crl. A.(MD)No.1056 of 2023

            No.493 of 2023 on the file of the I Additional District and Sessions Judge, (PCR),

            Thanjavur dated 23.11.2023 and set aside the same and enlarge the petitioners on

            bail.

                            For Appellants       : Mr.T.A.Ebenezer
                            For R1 and R2        : Mr.B.Nambiselvan
                                                   Additional Public Prosecutor
                            For R3               : Mr.S.P.Veerapandi

                                                        ********

                                                      JUDGMENT

This Criminal Appeal has been filed to call for the records pertaining to the

order passed in Cr.M.P.No.551 of 2023 on the file of the I Additional District and

Sessions Judge, (PCR), Thanjavur dated 23.11.2023 and set aside the same and

enlarge the petitioners on bail in crime No.493 of 2023 on the file of the first

respondent.

2. According to the prosecution the appellants and other accused said to

have committed the offence punishable under Sections 147, 148, 294(b), 324,

506(ii), 307 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of

Atrocities) Act, 1989.

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3.The case of the prosecution is that due to previous enmity, on 12.11.2023

at about 07.30 p.m., the appellants along with the other accused attacked the defacto

complainant with wooden log and aruval and caused grievous injuries to him.

Hence, the de-facto complainant lodged a complaint before the respondent police

and the case has been registered in Crime No.493 of 2023 against the appellants for

the offences under Sections 147, 148, 294(b), 324, 506(ii), 307 of IPC and Sections

3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore,

the appellants have filed a petition for bail in Crl.M.P.No.551 of 2023, before the

learned I Additional District and Sessions Judge, (PCR), Thanjavur, and the same

was dismissed on 23.11.2023. Challenging the same, the appellants have preferred

this Criminal Appeal.

4. The learned counsel for the appellants would submit that the appellants

did not involve in any occurrence as alleged by the prosecution. He further submitted

that the injured has been discharged from the hospital. He would further submit that

the appellants are willing to produce sufficient sureties for the appearance and the

appellants will never abscond and will not tamper the witnesses. The appellants were

arrested and remanded on 13.11.2023 and hence, he seeks to grant bail to the

appellants.

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5. The learned Additional Public Prosecutor appearing for the respondent

police submitted that due to previous enmity, the appellants along with the other

accused attacked the defacto complainant and caused grievous injuries to him. He

further submitted that the injured has been discharged from the hospital and also

submitted that four previous case is pending against the first appellant. He further

submitted that it is a case in counter case.

6.The learned counsel for the third respondent has strongly objected to

release the appellants on bail.

7.Considering the above facts and circumstances and also the fact that the

injured has been discharged from the hospital and also considering the period of

incarceration and aslo the fact that it is a case in counter case, this Court is inclined

to allow the Criminal Appeal by setting aside the order dated 23.11.2023 passed in

Cr.M.P.No.551 of 2023 on the file of the learned I Additional District and Sessions

Judge, (PCR), Thanjavur.

8. Accordingly, this Criminal Appeal is allowed and the order dated

23.11.2023 passed in Cr.M.P.No.551 of 2023 on the file of the learned I Additional

District and Sessions Judge, (PCR), Thanjavur, is set aside. The appellants are

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ordered to be released on bail on his executing a bond for a sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to

the satisfaction of the learned I Additional District and Sessions Judge, (PCR),

Thanjavur, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in

the surety bond and the learned I Additional District and Sessions Judge, (PCR),

Thanjavur, may obtain a copy of their valid identity card to ensure their identity.

(b) the appellants shall stay at Madurai and to appear before the Inspector

of Police, Y.Otthakadai Police Station, Y.Otthakadi, daily at 10.30 am and 5.30 p.m.,

until further orders.

(c) the appellants shall not tamper with evidence or witnesses, during

investigation or trial.

(d) the appellants shall co-operate with the investigation.

(e) On breach of any of the aforesaid conditions, the learned Trial Court is

entitled to take appropriate action against the appellants in accordance with law as if

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the conditions have been imposed and the appellants 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].