Vijayaprabhu vs The State Rep. By
2023 Latest Caselaw 391 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 06.01.2023

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                            Crl.A(MD)No.6 of 2023

                  1.Vijayaprabhu
                  2.Karthik                                .. Appellants/Accused Nos.2 and 4


                                                        Vs.

                  1.The State rep. by
                    The Deputy Superintendent of Police,
                    Peraiyur,
                    Madurai District.

                  2.The State rep. by
                    The Inspector of Police,
                    V.Chatrapatti Police Station,
                    Madurai District.
                    (Crime No.52 / 2022)                   ... 2nd Respondent/Complainants

                  3.Pandiyarajan                    ... 3rd Respondent/Defacto Complainant

                  Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes

                  and the Scheduled Tribes (Prevention of Atrocities) Act, Amendment Act

                  2015, to set aside the order of IIIrd Additional District and Sessions

                  Judge(PCR) Court, Madurai made in Cr.M.P.No.3383 of 2022 dated

                  27.12.2022 and allow this appeal by enlarging the appellants on bail in

                  connection with Crime No.52 of 2022 on the file of the second respondent.
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                                  For appellant         : Mr.D.S.Haroon Rasheed

                                  For R-1 & R-2         : Mr.B.Nambiselvan
                                                          Additional Public Prosecutor

                                  For R3                : Mr.S.Poorna Chandran
                                                          Legal aid counsel

                                                      JUDGMENT

This Criminal Appeal has been filed against the order that has been

passed by the learned learned III Additional District and Sessions Court

(PCR), Madurai, in Cr.M.P.Nos.3383 of 2022 dated 27.12.2022 and enlarge

the appellants on bail.

2.The appellants, who were arrested and remanded to judicial

custody on 25.10.2022, for the offences punishable under Sections 147, 148,

294(b), 323, 324, 307, 302, 506(ii) of IPC and Section 3(2)(v) of SC/ST

(POA) Act 1989, in Crime No.52 of 2022 on the file of the respondent police,

seek appeal bail.

3.Mr. Poorna Chandran, learned legal aid counsel appointed as learned

counsel for the third respondent/defacto complainant, since he was appeared

on behalf of the third respondent/defacto complainant in the earlier petitions

also, which have been filed by the co-accused. https://www.mhc.tn.gov.in/judis

4.The case of the prosecution as mentioned in the FIR is that on

22.10.2022, the defacto complainant visited his native place. At that time, on

24.10.2022 at about 1.30 p.m., he along with his friends went to TASMAC

shop for purchase the liquor. At that time counter party came their and picked

up quarrel and hit by two wheeler. Over the above said issue trouble has

arisen between two groups. It ended in causing assault with each other. The

first accused in this matter alleged to have made assault upon the deceased

with wooden log. He died on the spot. The co-accused assaulted the defacto

complainant and others with wooden logs. They all sustained injuries. Over

which case in counter has been registered in Crime No.53 of 2022. Reading

of the counter case FIR, it shows that there was a trouble between two groups.

It appears that there is no previous motive. In drunken mood there is a clash

between them.

5.The learned Additional Public Prosecutor submitted that the

appellants are not having any bad antecedents. The counsel for the defacto

complainant submitted that if the appellants are released on bail, there is

every likelihood in threatening the defacto complainant party, he made strong

objections.

https://www.mhc.tn.gov.in/judis

6.Considering the period of incarceration and since there was no

previous motive and there was sudden quarrel between two group of people

in drunken mood, this Court is inclined to allow this appeal and grant bail to

the appellants with certain conditions.

7.Accordingly, the Criminal Appeal is allowed and the order, dated

27.12.2022 made in Crl.M.P.No.3383 of 2022, on the file of the learned III

Additional District and Sessions Judge, (PCR Court), Madurai District, is

hereby set aside. The appellants are ordered to be released on bail on their

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each

with two sureties, each for a like sum to the satisfaction of the learned III

Additional District and Sessions Judge, (PCR Court), Madurai, and on

further condition that:

[a] the appellants shall appear before the concerned court, daily at 10:30 a.m. until further orders;

[b] the appellants shall not tamper with evidence or witness either during investigation or trial;

[c] the appellants shall not abscond either during investigation or trial;

[d] On breach of any of the aforesaid conditions, the Trial Court is entitled to take appropriate action against the appellants in accordance with

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law, as if the conditions have been imposed and the appellants released on bail by the Trial Court itelf as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

                                                                                 06.01.2023


                  Index    : Yes/No
                  Internet : Yes/No
                  tta

                  To

1.The III Additional District and Sessions Judge, Special Court for PCR Cases, Madurai,

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, V.Chatrapatti Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

G.ILANGOVAN,J.

tta

Crl.A(MD)No.6 of 2023

06.01.2023

https://www.mhc.tn.gov.in/judis