Madras High Court
Sivapandian vs State Rep.By on 2 June, 2023
Crl. A.(MD)No.412 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 02.06.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.412 of 2023
1.Sivapandian
2.Suresh : Appellants/ A1 & A2
Vs.
1.State rep.by
The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Rayappanpatti Police Station,
Theni District.
Crime No.144 of 2023.
2.Eswaran ... Respondents
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA)
Act, 1989 as amended by Act 1 of 2016, to set aside the order passed by the
learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni in
Crl.M.P.No.638 of 2023, dated 18.05.2023 and grant bail to the appellants/A1
& A2, in Crime No.144 of 2023 on the file of the respondent Police.
For Appellant : Mr.M.A.M.Raja,
For 1st Respondent : Mr.R.Sivakumar,
Government Advocate (Crl. Side)
For 2nd Respondent : Mr.K.Appadurai
1/5
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Crl. A.(MD)No.412 of 2023
JUDGMENT
This Criminal Appeal is directed against the order passed in
Crl.M.P.No.638 of 2023, dated 18.05.2023 on the file of the learned Special
Court for Trial of Cases under SC/ST (POA) Act, Theni.
2. The case of the prosecution is that there existed civil dispute
between the parties, due to which, the appellants along with other accused
persons abused the defacto complainant and his community people and also
tried to attack them. On the basis of the complaint, FIR came to be registered
in Crime No.144 of 2023 for the offences under Sections 294(b), 323 IPC and
Sections 3(l)(r), 3(l)(s) and 3(2)(v) of Scheduled Caste and the Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for the appellants would submit
that the appellants are innocents and they have not committed any offence as
alleged by the prosecution. He would further submit that they are in judicial
custody from 09.05.2023.
4. The learned Government Advocate (Criminal Side) appearing for
the State would submit that the appellants are not having any previous cases.
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Crl. A.(MD)No.412 of 2023
5. The learned counsel appearing for the second respondent has
raised objections to grant bail to the appellant.
6. Considering the above facts and circumstances and also
considering nature of the dispute between the parties and taking note of the
fact that the appellants are in custody from 09.05.2023, this Court is inclined
to allow the Criminal Appeal by setting aside the order, dated 18.05.2023
made in Crl.M.P.No.638 of 2023 on the file of the Special Court for Trial of
Cases under SC/ST (POA) Act, Theni.
7. Accordingly, the Criminal Appeal is allowed and the order, dated
18.05.2023 made in Crl.M.P.No.638 of 2023 on the file of the Special Court
for Trial of Cases under SC/ST (POA) Act, Theni, is set aside. The appellants
are ordered to be released on bail on their executing a bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) each 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.
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Crl. A.(MD)No.412 of 2023
[b] the appellants shall stay at Trichy and report
before the Contonment Police Station daily at 10.30 am for a
period of 15 days and thereafter, shall appear before the
respondent Police daily at 10.30 a.m., until further orders.
[c] the appellants shall not tamper with evidence or
witness either during investigation or trial.
[d] the appellants 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 appellants 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].
[f] If the accused thereafter absconds, a fresh FIR
can be registered under Section 229-A IPC.
02.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
das
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Crl. A.(MD)No.412 of 2023
K.MURALI SHANKAR, J.
das
To
1.The Special Court for Trial of Cases under SC/ST (POA) Act,
Theni.
2.The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Rayappanpatti Police Station,
Theni District.
3.The Superintendent,
Sub Jail, Nilakottai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.412 of 2023
02.06.2023
https://www.mhc.tn.gov.in/judis
