Madras High Court
Prabhakaran vs State Represented By on 23 January, 2023
Crl. A.(MD)No.20 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 23.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)No.20 of 2023
Prabhakaran ... Appellant
Vs.
1.State Represented by
The Deputy Superintendent of Police,
Periyakulam,
Theni District.
2.The Inspector of Police,
Devathanapatti Police Station,
Theni District.
3.Veeramani ... Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(ii) of SC/ST (POA) Act
1989 as amended by Act 1 of 2016, to call for the records relating to the order dated
15.12.2022 made in Cr.M.P.No.1358 of 2022 on the file of the learned Special Court
for Trial of Cases under SC/ST (POA) Act, Theni and set aside the same and enlarge
the appellant on bail.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2023
For Appellant : Mr.P.Athimoolapandian
For Respondents : Mr.B.Nambiselvan
Additional Public Prosecutor for R1 and R2
Mr.Yasar Arafath
Legal Aid Counsel for R3
********
JUDGMENT
This Criminal Appeal has been filed to call for the records relating to the
order dated 15.12.2022 made in Cr.M.P.No.1358 of 2022 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 is that the appellant along with the other
accused have illegally sold the liquor bottles. Hence, the complaint.
3. The learned counsel for the appellant would submit that the appellant
has been falsely implicated in this case and that the appellant is an innocent and he
has not committed any offence as alleged by the prosecution. He would further
submit that that the appellant is in custody from 26.10.2022 onwards and also
submitted that regular bail was granted to the co-accused by the trial Court.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2023
4. The appellant moved bail application before the Special Court for Trial
of Cases under SC/ST (POA) Act, Theni in Crl.M.P.No.1358 of 2022 and the same
was dismissed on 15.12.2022, on the ground that the appellant has illegally sold the
liquor bottles and he is having three previous cases.
5. Mr.B.Nambiselvan, learned Additional Public Prosecutor appearing for
the respondents 1 and 2 submitted that bail was granted to the co-accused by the trial
Court and also submitted that it is a case in counter case.
6. On reading of both FIRs shows that on the particular date of the
occurrence, a dispute arose between the appellant and the defacto complainant with
regard to informing the police about the illegal selling of arrack by the appellant, in
which both of them attacked each other and sustained injuries.
7. 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 26.10.2022, this Court is inclined to allow the Criminal Appeal by
setting aside the order, dated 15.12.2022 made in Crl.M.P.No.1358 of 2022 on the
file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2023
8. Accordingly, the Criminal Appeal is allowed and the order dated
15.12.2022 made in Crl.M.P.No.1358 of 2022 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
conditions that:
[a]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.
[b]the appellant shall appear before the respondent police
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 co-operate with the investigation.
[e]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].
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2023
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
23.01.2023
Index : Yes/No
Internet : Yes/No
tta
To
1.The Superintendent,
District Prison,
Thekkampatti,
Theni District.
2. Special Court for Trial of Cases under SC/ST (POA) Act,
Theni.
3.The Deputy Superintendent of Police,
Periyakulam,
Theni District.
4.The Inspector of Police,
Devathanapatti Police Station,
Theni District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.20 of 2023
G.ILANGOVAN,J
tta
Crl. A.(MD)No.20 of 2023
23.01.2023
https://www.mhc.tn.gov.in/judis
