Madras High Court
Anbil Sundharabharatham vs State Represented By on 6 February, 2023
Crl. A.(MD)No.74 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 06.02.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)No.74 of 2023
Anbil Sundharabharatham ... Appellant/Petitioner/Accused No.1
Vs.
1.State Represented by
The Deputy Superintendent of Police,
Aundipatti,
Theni District. ... 1st Respondent/Investigation Officer
2.The Inspector of Police,
Kadamalaikundu Police Station,
Theni District.
(In Crime No.08/2023) ... 2nd Respondent / Respondent /
Complainant
3.Raja ... 3rd Respondent / Victim /
Defacto Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(ii) of SC/ST (POA) Act
2015, as amended by Act 1 of 2016, to call for the records pertaining to the order
passed in Cr.M.P.No.47 of 2023 on the file of the learned Special Court for Trial of
Cases under SC/ST (POA) Act, Theni, dated 19.01.2023 and set aside the same as
illegal and enlarge the appellant on bail by allowing the appeal.
1/7
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Crl. A.(MD)No.74 of 2023
For Appellant : Mr. Vikram.S
For R1 and R2 : Mr.B.Nambiselvan
Additional Public Prosecutor
********
JUDGMENT
This Criminal Appeal has been filed to call for the records relating to the
order dated 19.01.2023 made in Cr.M.P.No.47 of 2023 on the file of the Special
Court for Trial of Cases under SC/ST (POA) Act, Theni and set aside the same
2. The case of the prosecution in brief:
The defaco complainant has lodged a complaint stating that he is
owning a agricultural land in Survey No.395/4A in Nehruji Nagar, in which
drumstick trees were planted by him. The President of Mayiladumparai has
demanded Rs.1,00,000/- for not taking the encroachment removal, but he did not pay
the money. Over the above said refusal, on 02.01.2023 at about 2.00 p.m., the
accused by using JCB vehicle, destroyed the drumstick trees in the above said land.
On hearing the information from his uncle, the defacto complainant visited the place
and found the above said damage, over which, his son gave a complaint. After that,
the accused visited the place, he objected and enquired about the damage and he
incriminated and abused the defacto complainant in filthy language. Over the above
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Crl. A.(MD)No.74 of 2023
said occurrence, a case was registered and this petitioner was arrested and remanded
in custody on 06.01.2023. For seeking bail, he moved a application before the
Special Court for Trial of Cases under SC/ST (PoA) Act, Theni, the same was
dismissed on 19.01.2023, against which, this appeal has been preferred.
3. The learned counsel for the appellant would submit that absolutely no
trees were planted in the above said place. Due to the Panchayath resolution to
remove the encroachment only, he made the above said leveling process. At that
time, no drumstick trees were planted and no damage was also caused.
4. But however, the learned counsel for the defacto complainant would
submit that at that time of leveling the above said ground, more than 40 drumstick
trees were cut and removed. Further, in that place, new trees were planted .
5. The first respondent was directed to verify the above said submission of
the parties. On that ground, the matter was listed today. The learned Additional
Public Prosecutor would submit that the drumstick trees were planted in the above
said disputed property and that have been damaged. Even in the First Information
Report, their worth is mentioned as Rs.20,000/-.
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Crl. A.(MD)No.74 of 2023
6. In respect of the co-accused, a direction has been issued by this Court in
Crl.O.P(MD) No.1361 of 2023 to consider the bail application on the date of
surrender itself and some of the co-accused have been granted the regular bail.
7. Since the damage to the drumstick trees have been noticed and removal
of the same are taken as true on the basis of the photographs and the submission
made by the learned Additional Public Prosecutor.
8. Considering the above facts and circumstances of the case, grant of bail
to the co-accused by the trial Court and also the fact that the appellant is in judicial
custody from 06.01.2023, this Court is inclined to allow the Criminal Appeal by
setting aside the order, dated 19.01.2023 made in Crl.M.P.No.47 of 2023 on the file
of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.
9. Accordingly, the Criminal Appeal is allowed and the order dated
19.01.2023 made in Crl.M.P.No.47 of 2023 on the file of the Special Court for Trial
of Cases under SC/ST (POA) Act, Theni, is set aside. The appellant is ordered to be
released on bail on her 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
Special Court for Trial of Cases under SC/ST (POA) Act, Theni, and on further
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Crl. A.(MD)No.74 of 2023
conditions that:
[a] the appellant is directed to deposit Rs.15,000/- to the
credit of this crime number before the Special Court for Trial of
Cases under SC/ST (POA) Act, Theni, within a week from the date
of release from the prison.
[b] the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned Sessions Judge
may obtain a copy of their valid identity card to ensure their identity.
[c] the appellant shall stay away from the occurrence place
and shall appear before Aundipatti Police Station daily at 10:30 a.m.,
until further orders.
[d] the appellant shall not tamper with evidence or witness
either during investigation or trial.
[e] the appellant shall co-operate with the investigation.
[f] On breach of any of the aforesaid conditions, the
learned Sessions Judge/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 learned Sessions Judge/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.74 of 2023
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
10. List the matter on 16.02.2023 for reporting compliance.
06.02.2023
Index : Yes/No
Internet : Yes/No
Indu
Note: Issue order copy on 06.02.2023
To
1.The Superintendent,
District Prison,
Kanavilakku,
Theni District.
2. Special Court for Trial of Cases under SC/ST (POA) Act,
Theni.
3. The Deputy Superintendent of Police,
Aundipatti,
Theni District.
4.The Inspector of Police,
Kadamalaikundu Police Station,
Theni District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.74 of 2023
G.ILANGOVAN,J
Indu
Crl. A.(MD)No.74 of 2023
06.02.2023
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