Madras High Court
Balakrishnan vs The Assistant Superintendent Of ... on 5 June, 2023
Crl. A.(MD)No.398 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 05.06.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.398 of 2023
Balakrishnan ... Appellant/Petitioner/
Sole Accused
Vs.
1.The Assistant Superintendent of Police,
Ambasamudram Division,
Tirunelveli District. .
2.State represented by
The Inspector of Police,
Pappakudi Police Station,
Tirunelveli District.
(Crime No.01 of 2023) ... Respondents/Complainants
3.Thangaraja ... 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 call for the records and set aside
the bail dismissal order of the II Additional District and Sessions Judge (PCR),
Tirunelveli in Cr.M.P.No.1292 of 2023 in Crime No.01 of 2023.
1/6
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Crl. A.(MD)No.398 of 2023
For Appellant : Mr.V.M.Jegadeesha Pandian
For R1 & R2 : Mr.SS.Madhavan
Government Advocate (Crl. Side)
For R3 : No appearance
JUDGMENT
This Criminal Appeal is directed against the order passed in
Cr.M.P.No.1292 of 2023 dated 26.04.2023 by the learned II Additional
District and Sessions Judge (PCR), Tirunelveli.
2. The case of the prosecution is that on 03.01.2023 at about
09.00 a.m., the third respondent/defacto complainant along his wife washing
their clothes at Puthukulam Madai, for which, the appellant/sole accused
attacked the third respondent and pushed him down and abused him by using
his caste name and thereafter, the appellant went to the third respondent house
and threatened him with dire consequences. Hence, the second respondent
registered a case against the appellant in Crime No.1 of 2023 for the offences
under Sections 294(b), 323, 307 and 506(2) IPC and Sections 3(l)(r), 3(l)(s)
and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
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Crl. A.(MD)No.398 of 2023
3. The petitioner has filed a petition for bail in Cr.M.P.No.1292 of
2023 and the same was dismissed by the learned II Additional District and
Sessions Judge (PCR), Tirunelveli, on 26.04.2023. Challenging the dismissal
order, the appellant has preferred this criminal appeal.
4. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that the appellant is having 17 previous
cases, which includes the present case. It is seen from the records that except
three cases, all the cases, even according to the prosecution, are pending for
trial.
5. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would further submit that the appellant is working in
Border Security Force as Sub Inspector of Police in Kashmir and he has
already gone to Kashmir.
6. When the matter is taken up for hearing today, the mother of the
third respondent is present before this Court and she has raised objections to
grant bail to the appellant.
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Crl. A.(MD)No.398 of 2023
7. 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 26.03.2023.
8. Considering the above facts and circumstances and also the fact
that the appellant is in judicial custody from 26.03.2023 and that no one was
injured in this incident as stated by the learned Government Advocate
(Criminal Side), this Court is inclined to allow the Criminal Appeal by setting
aside the order, dated 26.04.2023 made in Cr.M.P.No.1292 of 2023 on the file
of the learned II Additional District and Sessions Judge (PCR), Tirunelveli.
9. Accordingly, the Criminal Appeal is allowed and the order, dated
26.04.2023 made in Cr.M.P.No.1292 of 2023 on the file of the learned II
Additional District and Sessions Judge (PCR), Tirunelveli, 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 II Additional District and
Sessions Judge (PCR), Tirunelveli, and on further conditions that:
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Crl. A.(MD)No.398 of 2023
[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 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.
[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.
05.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
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Crl. A.(MD)No.398 of 2023
K.MURALI SHANKAR, J.
csm
To
1.The Superintendent,
Central Prison,
Palayamkottai.
2.The II Additional District and Sessions Judge (PCR),
Tirunelveli
3.The Assistant Superintendent of Police,
Ambasamudram Division,
Tirunelveli District. .
4.The Inspector of Police,
Pappakudi Police Station,
Tirunelveli District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.398 of 2023
05.06.2023
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