Abishek vs State Rep. By Inspector Of Police
2023 Latest Caselaw 124 Mad

Citation : 2023 Latest Caselaw 124 Mad
Judgement Date : 3 January, 2023

Madras High Court

Abishek vs State Rep. By Inspector Of Police on 3 January, 2023

                                                                                           Crl.A.No.1306 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.01.2023

                                                             CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                     Crl.A.No.1306 of 2022

                   Abishek                                                     .. Petitioner/Accused

                                                             /versus/

                   1. State Rep. by Inspector of Police,
                      Perambalur Police Station,
                      Perambalur District.
                      (Crime No.562 of 2022)                                   ... 1st respondent

                   2. Gopal                                                    .. 2nd respondent/
                                                                               Defecto Complainant


                   Prayer : Criminal Appeal has been filed under Section 14(A)(2) of SC/ST
                   Act, 1989, to set aside the order of Learned Sessions Judge, Special Court for
                   trial     of     cases   under    SC/ST    (POA)     Act,     Perambalur      passed      in
                   Crl.M.P.No.1041 of 2022 dated 08.12.2022 and enlarge the appellant on bail
                   in connection with the case in crime No.562 of 2022 on the file of the 1 st
                   respondent police.


                                     For Appellant      :Mr.E. Sathiyaraj

                                     For R1             :Mr.C.E.Pratap,
                                                         Government Advocate (Crl.Side)

                                     For R2             : Notice served-no appearance
                                                       JUDGMENT

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Crl.A.No.1306 of 2022

This Criminal Appeal has been filed against the impugned order

passed by the learned Sessions Judge, Special Court for Trial of cases under

SC/ST (POA) Act, Perambular in Crl.M.P.No.1041 of 2022 dated

08.12.2022.

2. The learned counsel appearing for the petitioner submitted that

based on the complaint given by the 2nd respondent/defacto complainant, a

case was registered against six accused persons. The petitioner name was not

mentioned in the F.I.R and on the confession of the co-accused, he has been

falsely implicated in this case by the respondent police in crime 526 of 2022

for the offences punishable under Sections 147, 148, 294(b), 307, 302,

120(B), 34 I.P.C Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act. This

petitioner was arrested and remanded to judicial custody from 16.08.2022.

Now, he is in the judicial custody from 16.08.2022. If the petitioner may be

released on bail, he is ready to abide any condition imposed by this Court.

3. When the matter is taken up for hearing, the learned Government

Advocate (Crl.Side) for the 1st respondent submitted that in this case, six

accused have been involved in this case and on the confession of co-accused,

this petitioner was implicated in this case. The nature of the crime is grave in https://www.mhc.tn.gov.in/judis

Crl.A.No.1306 of 2022

nature. The investigation was completed and charge sheet has also been filed

and the case has been taken on file as S.C.No.14 of 2022. Hence, he objected

to grant bail and prayed to dismiss the petition.

4. Though notice has been sent to the defacto complainant and his

name was printed in the cause list, there is no appearance neither on behalf of

the defacto complainant nor through his counsel.

5. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) appearing for the 1st respondent and

also perused the records.

6. On perusal of the records, the fact reveals that the respondent

police registered a case in Crime No.562 of 2022 against six accused persons.

Admittedly, the petitioner was arrested and remanded to judicial custody

from 16.08.2022. Further, in this case, investigation has been completed and

charge sheet has been filed and the case has been taken on file as S.C.No.14

of 2022. Considering the nature of the offence and origin of the crime and

also taking note of the fact that investigation has been completed and final

report has been filed, I am inclined to grant bail to the petitioner and the

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Crl.A.No.1306 of 2022

impugned order passed by the trial Court is set aside.

7. Accordingly, the Criminal Appeal is allowed on the following

conditions:

(i) The petitioner shall execute a bond for a sum of Rs.25,000/-

(Rupees twenty five thousand only) along with two sureties, each, for a likesum to the satisfaction of the Learned Judicial Magistrate-I, Perambalur.

(ii) The petitioner and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.