Madras High Court
Jeyendran vs The Deputy Superintendent Of ... on 27 July, 2023
CRL.A(MD).No. 602 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 27.07.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.A(MD).No.602 of 2023
Jeyendran : Appellant/Accused No.19
Vs.
State Represented by
1.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Othakadai Police Station,
Madurai District.
( Crime No.195 of 2023) : Respondent/Complainant
2.P.Thandabani : 2nd Respondent/
Defacto Complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, to set aside the order passed by the learned III Additional
District & Sessions Court (PCR Act), Madurai in Crl.M.P.No.2154/2023
dated 14.07.2023 and grant bail to the Appellant/Accused No.19 in Crime
No.195 of 2023 on the file of the Respondent Police and.
For Appellant : Mr.VR.Shanmuganathan
For R2 : Mr.R.Sivakumar
Government Advocate (Criminal Side)
For R2 : Mr.K.Paulmurugan
1/8
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned order
passed in Crl.M.P.No.2154 of 2023 dated 14.07.2023, on the file of the III
Additional District & Sessions Court (PCR Act), Madurai, and enlarge the
appellant on bail in connection with Crime No.195 of 2023, on the file of
the first respondent Police.
2.1. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148,
294(b), 452, 323, 324 and 506(2) of IPC, Section 3 of the Public Property
(Prevention of Damage & Loss) Act, 1992, and Sections 3(1)(r) and 3(1)(s)
& 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.
2.2. According to the prosecution, on 02.06.2023, temple festival
was conducted in Sri Kalamega Perumal Kovil at Thirumohur, Madurai
District. In the said festival, when the cultural programme namely, 'Aadal
Padal' event was conducting, there was a clash between two community
people and a number of vehicles belongs to one of the community were
destroyed. Because of that, there was fight between two community
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
people. In the said occurrence, number of persons have sustained injuries.
So, they were admitted in the Rajaji Government Hospital, Madurai.
Hence, the first respondent Police registered a case in Crime No.195 of
2023 against the appellant and the other accused persons, for the offences
under Sections 147, 148, 294(b), 452, 323, 324 and 506(2) of IPC, Section
3 of the Public Property (Prevention of Damage & Loss) Act, 1992, and
Sections 3(1) (r) and 3(1)(s) & 3(2)(va) of SC/ST (Prevention of
Atrocities) Amendment Act, 2015. Hence, he has filed a petition for bail in
Cr.M.P.No.2154 of 2023 and the same was dismissed by the III Additional
District & Sessions Court (PCR Act), Madurai, on 14.07.2023.
Challenging the same, the appellant has preferred this Criminal appeal.
3. The learned counsel for the appellant would submit that the
appellant is innocent and he has not committed any offence as alleged by
the prosecution. He would further submit that the father of the appellant is
a trustee of Sri Meenakshi Amman Temple, Madurai District. They are
only managing the temple affairs of the Kalamega Perumal Temple in
addition to the Sri Meenakshi Amman Temple. The appellant is not
belongs to the rival community. He is an independent person and he has no
specific role in any of the occurrence as alleged by the prosecution. He is
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
being the son of trustee of the said temple. So, he has been falsely
implicated in this case and the same was revealed from the wrong
mentioning of the appellant name in the FIR. He would further submit that
the persons having the specific overt act, obtained bail from the Court
below. The appellant is in judicial custody from 08.07.2023. There is no
law and order problem as on date in the said village. Under the said
circumstance, he seeks to grant bail to the appellant.
4. The learned Government Advocate (Criminal Side) appearing for
the State would submit that there are totally 24 accused. The appellant was
arrayed as A19. He would further submit that there is some dispute arose
between two groups of people and there is rival fight between two
communities. However, he fairly conceded that some of the co-accused
were granted bail by the Court below and the appellant is in judicial
custody from 08.07.2023 and he has no bad antecedent.
5.The learned counsel for the defacto complainant/third respondent
has raised objections to grant bail to the appellant by reiterating the
submission made by the learned Government Advocate (Crl.Side). He
would further submit that the bail granted to the co-accused by the trial
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
Court is not a ground to grant bail to the accused. He would further submit
that even though normalcy is restored, still there is apprehension of clash
between two communities. Even though, the appellant does not belong to
the rival communities, grant of bail to the appellant would result in
tampering of witnesses and hence, he seeks for dismissal of this appeal. He
would further submit that in the event of bail granted, the appellant may be
directed to stay away from the occurrence place.
6. Considering the period of incarceration and also the facts that as
on date prevailing peace in the locality, the co-accused were granted bail
by the Court below, there is no bad antecedent against the appellant and the
injured also discharged from the hospital, this Court is inclined to allow
the Criminal Appeal by setting aside the order, dated 14.07.2023 made in
Cr.M.P.No.2154 of 2023 on the file of the III Additional District &
Sessions Court (PCR Act), Madurai.
7. Accordingly, the Criminal Appeal is allowed and the order, dated
14.07.2023 made in Cr.M.P.No.2154 of 2023 on the file of the
III Additional District & Sessions Court (PCR Act), Madurai, is set aside.
The appellant is ordered to be released on bail on his executing a bond for
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two
sureties, each for a like sum to the satisfaction of the III Additional District
& Sessions Court (PCR Act), Madurai, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the III Additional District & Sessions
Court (PCR Act), Madurai, may obtain a copy of their valid identity card to
ensure their identity.
(b) the appellant shall stay at Dindigul and report before the
Dindigul Town North Police Station, daily at 10.30 am, 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
Magistrate/Trial Court is entitled to take appropriate action against the
appellants in accordance with law as if the conditions have been imposed
and the appellant released on bail by the learned Magistrate/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. 602 of 2023
[f] If the accused thereafter absconds, a fresh FIR can be registered
under Section 229-A IPC.
27.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
dss
Note : Issue order copy on 27.07.2023
To
1.The III Additional District & Sessions Court (PCR Act),
Madurai.
2.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 602 of 2023
K.K.RAMAKRISHNAN,J.
dss
Order made in
CRL.A(MD).No.602 of 2023
27.07.2023
https://www.mhc.tn.gov.in/judis
