Madras High Court
R. Senthamizhan vs State Rep By on 25 July, 2023
Crl.A.No.733 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2023
CORAM
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA
Crl.A.No.733 of 2023
R. Senthamizhan ...Appellant
Vs.
1. State Rep by
The Deputy Superintendent of Police
Tiruvannamalai Taluk
Vettavalam Police Station
Crime No.189/2023
2. K.Thangarasu .. Respondents
Prayer: Criminal Appeal filed under Section 14A (ii) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity
“the SC/ST Act”) to set aside the order dated 30.06.2023 passed in
Crl.M.P.No.889 of 2023 on the file of the Special Court for SC/ST Cases,
Tiruvannamalai, and to enlarge the appellant on bail.
For Appellant : Mr.K. Kannan
For R1 : Mr.S. Sugendran
Additional Public Prosecutor
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Crl.A.No.733 of 2023
JUDGMENT
The present Criminal Appeal is filed against the orders dated
30.06.2023, passed in Crl.M.P.No.889 of 2023, on the file of the Special
Court for SC/ST Cases, Tiruvannamalai, and to enlarge the appellant, who is
the 1st accused in Crime No.189/2023 of Vettavalam Police Station,
Thiruvannamalai District, on bail.
2. The case of the prosecution is that the persons belonging to
Schedule caste community were not allowed to enter inside a Mariamman
Temple and in this regard there was initially a wordy quarrel between two
parties. According to the prosecution, both the parties subsequently
intimidated each other and also pelted stones on each other.
3. Based on the complaint given by the 2nd respondent, the 1st
respondent police registered a case against the present appellant in Crime
No.189 of 2023 for the offences punishable under Section 341, 294(b), 323,
324, 506(i) IPC r/w Section 3(1) (r), 3(2)(va) of SC/ST (Prevention of
Atrocities) Amendment Act 2015, and he was arrested and remanded to
judicial custody on 18.06.2023.
4. The present appellant filed a petition under Section 439 Cr.P.C in
Crl.M.P. No.889 of 2023 before the Special Court for SC/ST cases at
Thiruvannamalai, and the said petition was dismissed by the Special Judge
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Crl.A.No.733 of 2023
SC/ST Cases on the ground that the investigation is still pending. Aggrieved
over the same, the present Criminal Appeal is filed.
5. Though notice was issued to the 2nd respondent and was served
there was no representation on his behalf. His name was also printed in the
cause list today.
6. Heard Mr.K. Kannan, learned counsel for the appellant and
Mr.S.Sugendran, learned Additional Public Prosecutor appearing for the first
respondent.
7. Mr.K. Kannan, learned counsel for the appellant contended that the
present appellant has nothing to do with the alleged offences and that a false
case has been foisted against him. He would further contend that the present
appellant is ready to abide by any condition that may be imposed by this
court.
8. Per contra, the learned Additional Public Prosecutor contended that
the investigation is not yet completed and that the appellant would tamper
with the witnesses if he is enlarged on bail. He, therefore, prayed for
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Crl.A.No.733 of 2023
dismissal of this criminal appeal.
9. The petitioner has been in prison for more than a month and in the
facts and circumstances, I am of the view that the petitioner can be enlarged
on bail, but, of course, on the following conditions.
i. The appellant shall execute a bond for a sum of Rs.25,000/- each, with
two sureties, of whom, one should be a blood relative, each for a like
sum to the satisfaction of the Special Court for Schedule Castes and
the Schedule Tribes cases, Thiruvannamalai.
ii. The sureties shall affix their photographs and Left Thumb Impression
on the surety bond and the trial Court may obtain a copy of their
Aadhar card or Bank Pass Book to ensure their identity; and
iii. The appellant shall appear before the respondent/police on every
Saturday and Sunday at 10.30 a.m. and sign for a period of four weeks
and thereafter, the appellant shall appear on the first working day of
every month at 10.30 a.m. until further orders.
25.07.2023
bga
Note: Issue order copy on 26.07.2023
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Crl.A.No.733 of 2023
To
1. The Special Judge for Schedule Castes and the Schedule Tribes cases,
Thiruvannamalai.
2. Superintendent of Prison
Sub-Jail, Thiruvannamalai
3. The Deputy Superintendent of Police
Tiruvannamalai Taluk
Vettavalam Police Station
Crime No.189/2023
4. The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
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Crl.A.No.733 of 2023
R.HEMALATHA, J.
bga
Crl.A.No.733 of 2023
25.07.2023
https://www.mhc.tn.gov.in/judis
