Madras High Court
Sivankalai vs The State Rep. By on 3 February, 2023
Crl.A(MD)No.18 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.18 of 2023
Sivankalai .. Appellant
Vs.
1.The State rep. by
The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Theni District. ... 1st Respondent/Investigating Officer
2.The Inspector of Police,
Gudalur North Police Station,
Theni District.
Crime No.301 of 2022 ... 2nd Respondent/Complainant
3.Selvaviji ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), 2015, Amendment Act 1 of
2016, to set aside the order made in Crl.M.P.No.1414 of 2022 on the file of
the Special Court of Trial of cases under SC/ST (POA) Act, Theni, dated
22.12.2022 and allow the appeal and enlarge the appellant on bail.
For appellant : Mr.S.Sabbani Karbura Jothi
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : MrR.Rajaraman, Legal Aid Counsel
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Crl.A(MD)No.18 of 2023
JUDGMENT
Heard the learned Counsel appearing for the appellant, learned
Government Advocate (Crl. Side) appearing for the respondents 1 & 2 and
the learned counsel appearing for the third respondent.
2.This Criminal Appeal has been filed to call for the records and
set-aside the order passed by the learned learned Sessions Judge, Special
Court for Trial of SC / ST (PoA) Act Cases, Theni District, dated 22.12.2022
made in Cr.M.P.No. 1414 of 2022 and enlarge the appellant on bail.
3.The appellant, who was arrested and remanded to judicial custody
on 03.12.2022, for the offences punishable under Sections 510 IPC r/w
Section 3(1)(w)(ii), 3(2)(va) of SC/ST (POA) Amendment Act 2015, in Crime
No.301 of 2022 on the file of the respondent police, seek appeal bail.
4.The case of the prosecution in brief:
The defacto complainant lodged a complaint stating that on
27.11.2022 after purchasing the vegetables in Gudalur weekly market, she
was standing in front of the market at about 08.00 p.m., the accused came to
the place in drunken mood and demanded her cell phone. When she objected
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Crl.A(MD)No.18 of 2023
the same, he insisted and caused trouble and also misbehaved with her. Later
he left from that place. On the basis of the above said occurrence, she lodged
a complaint. Therefore, the petitioner was arrested and remanded to judicial
custody on 03.12.2022. Ever since, he is in custody. Seeking bail, he moved
the Special Court and that was dismissed. Against which, this appeal has been
preferred.
5.At the time of arguments, the defacto complainant's father was also
present before this Court and on behalf of the defacto complainant an
Advocate was appointed and he would submit that in a drunken mood, this
petitioner misbehaved with victim. They belonged to upper caste and if he is
released on bail, there is every likelihood of causing trouble again.
6.The learned Government Advocate (Crl. Side) would submit that the
petitioner is a habitual offender. Against whom, several proceedings under
Sections 107 and 110 Cr.P.C. have been initiated. Apart from that he is also
having two previous cases under IPC offences and he is a frequent trouble
maker. The learned Government Advocate has also produced the list of
cases. Perusal of the list shows that some of the cases have been disposed of
and some of the cases ended in acquittal. This shows that the petitioner is not
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Crl.A(MD)No.18 of 2023
having and keeping good conduct. But however, considering the period of
incarceration and also considering the fact that the above said misbehaviour
was alleged to have been caused by the petitioner in a drunken mood, he was
directed to file undertaking affidavit before this Court. He has also produced
an undertaking affidavit stating that the above said occurrence was committed
by mistake. Considering the above said undertaking affidavit, this Court is
inclined to allow this appeal and grant bail to the appellant with certain
conditions.
7.Accordingly, the Criminal Appeal is allowed and the order, dated
22.12.2022 made in Crl.M.P.No.1414 of 2022 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni
District, is set aside. The appellant is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties, each for a like sum to the satisfaction of the learned Sessions
Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District,
and on further condition that:
[a] the appellant shall file an undertaking affidavit to the effect that
he will not make any trouble to the defacto complainant in future;
[b] the appellant shall appear before the concerned court, daily at
10:30 a.m. until further orders;
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Crl.A(MD)No.18 of 2023
[c] the appellant shall not tamper with evidence or witness either
during investigation or trial;
[d] the appellant shall not abscond either during investigation or
trial;
[e] On breach of any of the aforesaid conditions, the 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 Trial Court itself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
03.02.2023
Index : Yes/No
Internet : Yes/No
TM
To
1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases,
Theni District.
2.The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Theni District.
3.The Inspector of Police,
Gudalur North Police Station,
Theni District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.18 of 2023
G.ILANGOVAN,J.
TM
Crl.A(MD)No.18 of 2023
03.02.2023
https://www.mhc.tn.gov.in/judis
