Madras High Court
Lingeswaran vs The State Rep.By on 8 February, 2023
Crl.A.No.60 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2023
CORAM:
THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM
Criminal Appeal No.60 of 2023
Lingeswaran .. Appellant
/versus/
1.The State Rep.by
The Deputy Superintendent of Police,
Omalur Sub Division,
Salem District.
2.The Inspector of Police,
All Women Police Station,
Omalur,
Salem District.
Crime No.16/2022
3.Sivakumar .. Respondents
Criminal Appeal has been filed under Section 14A (ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, praying to call for the records pertaining to the bail dismissal order
passed by the learned Sessions Judge, Principal POCSO Court, Salem in
Crl.M.P.No.1000 of 2022 dated 27.12.2022 and set aside the same and to
enlarge the appellant on bail.
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Crl.A.No.60 of 2023
For Appellant : Mr.C.Deepa Kumar
For R1 & R2 : Mr.C.E.Pratap
Government Advocate(Crl.Side)
For R3 : Notice served-No appearance
JUDGMENT
This Criminal Appeal has been filed challenging the order
dated 27.12.2022 passed in Crl.M.P.No.1000 of 2022 in Crime No.16 of
2022 on the file of the learned Sessions Judge, Principal POCSO Court,
Salem.
2. In spite of notice sent to the 3rd respondent/complainant, the
3rd respondent not appeared in person or through his counsel.
3. The learned counsel for the appellant submitted that the
respondent police registered a case against the appellant in Crime No.16
of 2022 for the offence under Sections 294(b), 324 I.P.C., 11(1), 11(4),
12 of POCSO Act, 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015,
on 12.12.2022 upon the complaint given by one Sivakumar. The said
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Crl.A.No.60 of 2023
Sivakumar in his complaint has stated that the appellant/accused having
love affair with his daughter. On 11.12.2022 at about 5.00 p.m., near
Mariamman temple, When the de facto complainant questioned the
accused about love affairs with his daughter, the appellant/accused has
insulted by abusing his caste and also attacked him by hand and he
sustained injury. Hence the case has been registered on 19.12.2022. He
further stated that all the injuries are simple in nature, hence seeking
grant of bail.
4. The learned Government Advocate (Crl.Side) for the
respondent submitted that as per the Accident Register, the doctor has
recorded that the patient was treated for the complaint of pain and the
injury is simple in nature.
5. I have considered the submissions made by the learned
counsel and perused the materials on record.
6. On perusal of the records, the fact reveals that the
appellant/accused and the daughter of the de facto complainant having
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Crl.A.No.60 of 2023
love affair. On 11.12.2022, at about 5.00 p.m., near Mariamman temple,
the de facto complainant questioned about the love affairs of the
appellant/accused with his daughter. Therefore, the accused insulted by
abusing his caste and assaulted with hands. In pursuance of the complaint
given by the complainant, the case has been registered by the respondent
police in Crime No.16 of 2022. Further, on perusal of the Accident
Register issued by the Government hospital, Omalur on 12.12.2022, it is
seen that the doctor has recorded that the patient was treated for the
complaint of pain and nature of injury is simple. Further the accused is in
judicial custody from 19.12.2022.
7. Considering the nature of the injury sustained by the de
facto complainant, I am inclined to grant bail to the appellant and the
appellant is ordered to be released on bail on executing a bond for a sum
of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a
like sum, before the Principal POCSO Court, Salem on the following
conditions;
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Crl.A.No.60 of 2023
(a) the sureties shall affix their photographs
and left thumb impression in the surety bond
and the Court concerned may obtain a copy of
their Aadhar card or Bank pass Book to ensure
their identity;
(b) the appellant shall not tamper with
evidence or witness either during investigation
or trial;
(c) the appellant to appear before the trial
Court on all hearing dates.
(d) the appellant shall not abscond either
during investigation or trial;
(e) on breach of any of the aforesaid
conditions, the learned Magistrate/ 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 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]; and;
(f) if the accused thereafter absconds, a fresh
FIR can be registered under Section 229-A IPC.
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Crl.A.No.60 of 2023
8. With the above directions, this Criminal Appeal is allowed
and the order passed by the Trial Court in Crl.M.P.No.1000 of 2022
dated 27.12.2022 is set aside.
08.02.2023
Internet:yes/no
Speaking order/ Non speaking order
rpl
To
1.The Sessions Judge, Principal POCSO Court, Salem.
2.The Deputy Superintendent of Police,
Omalur Sub Division,
Salem District.
3.The Inspector of Police,
All Women Police Station,
Omalur,
Salem District.
4.The Public Prosecutor,
High Court of Madras,
Chennai.
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Crl.A.No.60 of 2023
V.SIVAGNANAM,J.
rpl
Crl.A.No.60 of 2023
08.02.2023
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