Madras High Court
Thirumal @ Anavatti vs The Deputy Superintendent Of ... on 2 June, 2023
Crl. A.(MD)No.406 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.406 of 2023
Thirumal @ Anavatti ... Appellant/Petitioner/
Sole Accused
Vs.
1.The Deputy Superintendent of Police,
Thirumangalam Sub Division,
Madurai District. .
2.The State represented by
The Inspector of Police,
Kallikudi Police Station,
Madurai District.
(Crime No.50 of 2023) ... Respondents 1 & 2/
Complainants
3.Raja Dharmalingam ... 3rd Respondent/Defacto
Complainant
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 dated
16.05.2023 made in Cr.M.P.No.1433 of 2023 on the file of the 3rd Additional
District and Sessions Judge (PCR), Madurai and enlarge the appellant on bail.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.406 of 2023
For Appellant : Mr.M.Karunanithi
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl. Side)
JUDGMENT
This Criminal Appeal is directed against the order passed in
Crl.M.P.No.1433 of 2023 dated 16.05.2023 by the learned III Additional
District and Sessions Judge (PCR), Madurai.
2. The case of the prosecution is that on 19.03.2023, a two wheeler,
which was driven by the appellant, dashed against the third respondent's two
wheeler, due to that, the appellant said to have abused the third respondent by
using his caste name and assaulted him. Hence, the second respondent
registered a case against the appellant in Crime No.50 of 2023 for the offences
under Sections 294(b), 323, 324 and 506(1) IPC and Sections 3(l)(r), 3(l)(s)
and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act 2015.
3. The petitioner has filed a petition for bail in Crl.M.P.No.1433 of
2023 and the same was dismissed by the learned III Additional District and
Sessions Judge (PCR), Madurai, on 16.05.2023. Challenging the dismissal
order, the appellant has preferred this criminal appeal.
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Crl. A.(MD)No.406 of 2023
4. When the matter is taken up for hearing today, the third
respondent is present before this Court and has raised objections to grant bail
to the appellant.
5. The learned counsel appearing 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 appellant is in judicial
custody from 11.05.2023.
6. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that the appellant is having six previous
cases.
7. Considering the above facts and circumstances and also the fact
that the appellant is in judicial custody from 11.05.2023 and that no one was
injured seriously, this Court is inclined to allow the Criminal Appeal by
setting aside the order, dated 16.05.2023 made in Crl.M.P.No.1433 of 2023 on
the file of the learned III Additional District and Sessions Judge (PCR),
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.406 of 2023
8. Accordingly, the Criminal Appeal is allowed and the order, dated
16.05.2023 made in Crl.M.P.No.1433 of 2023 on the file of the learned III
Additional District and Sessions Judge (PCR), Madurai, is set aside. The
appellant is ordered to be released on bail on his executing a bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each
for a like sum to the satisfaction of the learned 3rd Additional District and
Sessions Judge (PCR), Madurai, 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 Inspector of
Police, Tallakulam Police Station, Madurai District, daily at
10.30 a.m. for a period of 30 days and thereafter, appear 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.
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Crl. A.(MD)No.406 of 2023
[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
is 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
csm
To
1.The Superintendent,
Central Prison,
Madurai.
2.The III Additional District and Sessions Judge (PCR),
Madurai.
3.The Deputy Superintendent of Police,
Thirumangalam Sub Division,
Madurai District. .
4.The Inspector of Police,
Kallikudi Police Station,
Madurai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.406 of 2023
K.MURALI SHANKAR, J.
csm
Crl.A.(MD)No.406 of 2023
02.06.2023
https://www.mhc.tn.gov.in/judis
