Madras High Court
Mahendran vs The Deputy Superintendent Of ... on 11 January, 2023
Crl.A(MD)No.874 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.874 of 2022
Mahendran .. Appellant/Sole Accused
Vs.
1.The Deputy Superintendent of Police,
Kodaikanal Sub Division,
Dindigul District.
2.The Inspector of Police,
Kodaikanal Police Station,
Dindigul District.
(Crime No.323 of 2022) ... Respondents 1 & 2/Complainants
3.Alagesan ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), 1989, Amendment Act 1 of
2016, to set aside the order made in Crl.M.P.No.1923 of 2022 on the file of
the Special Court of Trial of cases under SC/ST (POA) Act, Dindigul, dated
13.12.2022 and allow the appeal and enlarge the appellant on bail.
For appellant : Mr.P.T.Ramesh Raja
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : MrR.Venkateshwar
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Crl.A(MD)No.874 of 2022
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, Dindigul District, dated
13.12.2022 made in Cr.M.P.No. 1923 of 2022 and enlarge the appellant on
bail.
3.The appellant, who was arrested and remanded to judicial custody
on 08.12.2022, for the offences punishable under Sections 294(b), 353 IPC
r/w Section 3(1)(r) and 3(1)(s) of SC/ST (POA) Amendment Act 2015, in
Crime No.323 of 2022 on the file of the respondent police, seek appeal bail.
4.The case of the prosecution is that the defacto complainant lodged a
complaint stating that on 30.11.2022 an awareness camp was conducted as
per the order of the learned Judicial Magistrate, Kodaikanal in the occurrence
place. At that time, the appellant alleged to have made a public speech
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Crl.A(MD)No.874 of 2022
making a derogative remarks against the Government Officials by calling
their caste name, etc., Because of the above said public speech the complaint
was under depression. On next day, when he about to see the appellant, again
he abused him in filthy language, in public place. Out of the above said
occurrence a case has been registered in Crime No.323 of 2022 for the
offences under Sections 294(b), 353 IPC r/w Section 3(1)(r) and 3(1)(s) of
SC/ST (POA) Amendment Act 2015 on 08.12.2022. On the date of
registration of the FIR itself the appellant was arrested and remanded in
judicial custody.
5.Seeking bail the appellant has filed an application before the trial
Court. The trial Court has dismissed the the same. Challenging the above said
dismissal the present appeal has been filed by the appellant. He is a political
activists and also taking part in protecting environment and as well as Forest
area and animals. He is also a rescuer and also produced some sort of paper
cuttings.
6.The learned Additional Public Prosecutor would submit that the
appellant is a political functionary. Taking advantage of his position, he is
making trouble to various officials. There are three previous cases registered
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Crl.A(MD)No.874 of 2022
against him. Out of which, in one case he was acquitted. Other two cases has
been registered for assault.
7.The learned counsel appearing for the Intervenor/Defacto
complainant would submit that the appellant is a habitual offender and also
history sheeted person, making trouble to other persons. In the particular case
when awareness camp was conducted, he made the above said derogative
remarks against the officials. According to him, the person of this nature
could not be enlarged on bail.
8.However, considering the fact that on the date of FIR itself the
appellant was arrested and remanded in judicial custody for more than 30
days, this Court is inclined to to allow this appeal and grant bail to the
appellant with certain conditions.
9.Accordingly, the Criminal Appeal is allowed and the order, dated
13.12.2022 made in Crl.M.P.No.1923 of 2022 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Dindigul
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
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Crl.A(MD)No.874 of 2022
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, Dindigul 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 Government Officials, defacto
complainant and others in future;
[b] the appellant shall appear before the concerned court, daily at
10:30 a.m. until further orders;
[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 itelf as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
11.01.2023
Index : Yes/No
Internet : Yes/No
TM
Note: Issue order copy on 11.01.2023.
To
1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases,
Dindigul District.
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Crl.A(MD)No.874 of 2022
2.The Deputy Superintendent of Police,
Kodaikanal Sub Division,
Dindigul District.
3.The Inspector of Police,
Kodaikanal Police Station,
Dindigul District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.874 of 2022
G.ILANGOVAN,J.
TM
Crl.A(MD)No.874 of 2022
11.01.2023
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