Madras High Court
Thiyagrajan vs The Deputy Commissioner Of Police on 2 June, 2023
Crl.A.No.565 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.A.No.565 of 2023
Thiyagrajan ... Appellant
/vs/
1. The Deputy Commissioner of Police,
Office of the Deputy Commissioner of Police,
Sirkazhi,
Mayladuthurai District
2. State rep. by
The Inspector of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
3. Mrs. R.Selvazhagi ... Respondents
Prayer : Criminal Appeal filed under section 14(A)(2) of SC/ST( Prevention
of Atrocities) Act to set aside the order dated 17.05.2023 made in
Crl.M.P.No.1832 of 2023 on the file of the Principal District and Sessions
Judge, Nagapattinam and to enlarge the appellant on bail in Crime No.181 of
2023 on the file of the respondent police.
1/8
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Crl.A.No.565 of 2023
For Appellant ... Mr. Om. Sai Ram
For Respondent ... Mr.A.Gokulakrishnan,
Nos.1 & 2 Additional Public Prosecutor
For Respondent ... Mr.K.C.Karal Marx
No.3
JUDGMENT
This Criminal Appeal has been filed challenging the order dated
17.05.2023 passed in Crl.M.P.No.1832 of 2023 by the learned Principal
District and Sessions Judge, Nagapattinam.
2. The respondent police registered a case in Crime No.181/2023
against the appellant for the offences punishable under Sections 294(b), 323,
506(i) IPC Sections r/w. 3(1) (r), 3(2)(va) of SC/ST [Prevention of
Atrocities] Act. The appellant filed a petition in Crl.M.P.No.1832 of 2023 to
grant bail to him and the same was dismissed by the abovesaid Judge, vide
order dated 17.05.2023. Challenging the abovesaid order, this criminal
appeal has been filed.
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Crl.A.No.565 of 2023
3.The learned counsel for the appellant submitted that the appellant is
the Head Master of the Panchayat Union Middle School, Senthagudi,
Vilanthida Samuthiram Sirkazhi , where the defacto complainant's son and
daughter were studying. The complaint has been lodged against the appellant
as if the accused was continuously harassing the defacto complainant's son
and also assaulted him, thereby caused injuries to him. Pursuant the
complaint, a false case has been foisted as against the appellant/accused and
he is in custody from 17.05.2023. Therefore, seeks to set aside the impugned
Order.
4. The learned counsel appearing for the defacto complainant/3rd
respondent submitted that the allegation stated in the complaint is true one .
Initially, the complaint given by the defacto complainant was not taken on
file by the police . Only after filing a petition under Section 156(3) Cr.P.C.,
the case has been registered against the appellant/accused. Evenafter
registering the case, the defacto complainant's family was ex-communicated
and the accused is threatening the defacto complainant's family members.
Hence, opposed to grant bail to him.
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Crl.A.No.565 of 2023
5. The learned Additional Public Prosecutor appearing for the first and
second respondents submitted that pursuant to the complaint given by the
defacto complainant, the second respondent registered a case against the
appellant / accused in Crime No.181/2023 against the appellant for the
offences punishable under Sections 294(b), 323, 506(i) IPC Sections 3(1) (r),
3(2)(va) of SC/ST [Prevention of Atrocities] Act. He further submitted that
161 Cr.P.C. statement of the witnesses were recorded. There is no complaint
for the allegation that ex-communication and threatening of the defacto
complainant's family and the defacto complainant's family and the accused
family are residing in separate place and investigation is not yet completed.
Therefore, objected to grant bail to the appellant.
6. Heard the learned counsel for the appellant and the learned
Additional Public Prosecutor for the first and second respondents and the
learned counsel for the third respondent and perused the materials on record.
7. On a perusal of the records and the FIR, it is noticed that the defacto
complainant's son and daughter are studying in Panchayat Union Middile
School, Senthagudi, Vilanthida Samuthiram Sirkazhi, in which the
appellant/accused is working as Head Master. In the complaint, it is alleged
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Crl.A.No.565 of 2023
that on 21.07.2022, at about 11.00 a.m., while the appellant/accused was
taking class, he ill-treated the defacto complainant's son and on 22.07.2022,
the appellant threatened the defacto complainant's son to get back the
Transfer Certificate from the school and also assaulted him. Due to which, he
took treatment at Sirkazhi Government Hospital. The appellant also refused
to give uniform to the defacto complainant's son.
8.Considering the nature of offence alleged against the appellant and
also considering the period of incarceration, I am inclined to grant bail to the
appellant with some conditions.
9. Accordingly, this Criminal Appeal is allowed by setting aside the
impugned order dated 17.05.2023 passed in Crl.M.P.No.1832/2023 and bail
is granted to the appellant with the following conditions :
(i) The appellant is directed to be enlarged on bail on condition that the
appellant shall execute 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 learned Judicial Magistrate, Sirkazhi
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Crl.A.No.565 of 2023
(ii) the appellant and the sureties shall affix their photographs and left
thumb impression in the surety bond and the Court concerned may obtain a
copy of their Aadhar card or Bank pass Book to ensure their identity;
(iii) the appellant shall not tamper with evidence or witness either
during investigation or trial;
(iv) the appellant shall report before the abovesaid Court on the
first working day of everymonth at 10.30 a.m., until further orders.
(v) the appellant or any person on behalf of the appellant accused
should not threaten the victim and his family members.
(v) the appellant shall not abscond during trial;
(vi) on breach of any of the aforesaid conditions, the learned Trial
Judge is entitled to take appropriate action against the appellant in
accordance with law as if the conditions has been imposed and the appellant
released on bail by the learned Trial Judge himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW
5560]; and;
(vii) if the accused thereafter absconds, a fresh FIR can be registered
under Section 229-A IPC.
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Crl.A.No.565 of 2023
10. The respondent police is directed to complete the investigation and
file the final report within a period of three months from today,( i.e.)
02.06.2023.
Index : Yes/No
Internet: Yes/No 02.06.2023
mrp
Note : Issue order copy today
To
1. The Judicial Magistrate,
Sirkazhi
2. The Principal District and Sessions Judge,
Nagapattinam.
3. The Deputy Commissioner of Police,
Office of the Deputy Commissioner of Police,
Sirkazhi,
Mayladuthurai District
4. The Inspector of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
5. The Superintendent, District Jail, Nagapattinam
6. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.A.No.565 of 2023
V.SIVAGNANAM, J.
mrp
Crl.A.No.565 of 2023
02.06.2023
https://www.mhc.tn.gov.in/judis
