Madras High Court
M.Pandi @ Paul Pandi vs The Deputy Superintendent Of ... on 7 June, 2023
Crl. A.(MD)No.401 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 07.06.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.401 of 2023
M.Pandi @ Paul Pandi ... Appellant/
Accused No.7
Vs.
1.The Deputy Superintendent of Police,
Kovilpatti Sub Division,
Thoothukudi District.
2.The State represented by
The Inspector of Police,
Kayathar Police Station,
Thoothukudi District.
(Crime No.374 of 2022) ...Respondents 1&2/
Complainant
3.Rajeshwari ...3rd Respondent/
Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC & ST
(Prevention of Atrocities) Amendment Act, 2015, to call for the records and
set aside the order passed in Cr.M.P.No.390 of 2023 dated 08.05.2023 passed
by the learned Special Sessions Judge (Special Court for Trial of Scheduled
Caste and Scheduled Tribe Act Cases), Thoothukudi (FAC), Thoothukudi
District and to enlarge the appellant on bail.
1/6
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.401 of 2023
For Appellant : Mr.R.Karunanidhi
For R1 & R2 : Mr.A.Albert James
Government Advocate (Crl. Side)
For R3 : Mr.T.Selvan
Legal Aid Counsel
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed by
the learned Sessions Judge, Special Court for trial of cases under SC/ST
(PoA) Act, Thoothukudi (FAC), in Crl.M.P.No.390 of 2023 dated 08.05.2023
and enlarge the appellant on bail in Crime No.374 of 2022.
2. The case of the prosecution is that on 04.10.2022 at about
07.30 p.m., the appellant/seventh accused along with the other accused had
assembled unlawfully with deadly weapons and abused the third respondent/
defacto complainant by using her caste name and attacked the third
respondent's husband, namely, Azhagudurai and murdered him, who belongs
to Scheduled Caste community and on the basis of the complaint given by the
third respondent, FIR came to be registered in Crime No.374 of 2022 for the
offences under Sections 147, 148, 294(b), 302 and 506(2) IPC, Section 4 of
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.401 of 2023
TN Prohibition of Harassment of Women Act, 2002 and Sections 3(l)(r), 3(l)
(s) and 3(2)(v) of the Scheduled Caste and the Scheduled Tribes (Prevention
of Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for the appellant would submit
that similarly placed the fourth accused was already granted bail by this Court
in Crl.A.(MD)No.232 of 2023 dated 31.03.2023. He would further submit
that there is specific overt act alleged against the third accused and that the
other accused including the appellant are shown as the members of the
unlawful assembly.
4. The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that the respondent, after completing
the investigation, has already filed the final report and the case was taken on
file in S.C.No.2 of 2023 and the same is pending on the file of the Special
Court for trial of cases under SC/ST (PoA) Act, Thoothukudi. He would
further submit that the appellant is not having any previous cases.
5. The learned counsel appearing for the third respondent has raised
objections to grant bail to the appellant.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.401 of 2023
6. Considering the above facts and circumstances and also the facts
that the appellant is in judicial custody from 05.10.2022, that the appellant is
not having any previous cases, that similarly placed co-accused(A4) was
already granted bail by this Court and that investigation has already been
completed and charge sheet came to be filed and the same was taken on file in
S.C.No.2 of 2023, this Court is inclined to allow the Criminal Appeal by
setting aside the order, dated 08.05.2023 made in Crl.M.P.No.390 of 2023 on
the file of the Special Court for trial of Cases under SC/ST (POA) Act,
Thoothukudi (FAC), Thoothukudi District.
7. Accordingly, the Criminal Appeal is allowed and the order dated
08.05.2023 made in Crl.M.P.No.390 of 2023 on the file of the Special Court
for trial of Cases under SC/ST (POA) Act, Thoothukudi (FAC), Thoothukudi
District, 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 Special
Court for trial of Cases under SC/ST (POA) Act, Thoothukudi, and on further
conditions that:
[a]the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the learned
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Crl. A.(MD)No.401 of 2023
Sessions Judge may obtain a copy of their valid identity card
to ensure their identity.
[b]the appellant shall report before the trial Court
on all working days 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.
07.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.401 of 2023
K.MURALI SHANKAR, J.
csm
To
1.The Superintendent of Prison,
Perurani,
Thoothukudi District.
2.The Sessions Judge,
Special Court for trial of Cases under SC/ST (POA) Act,
Thoothukudi (FAC), Thoothukudi District.
3.The Deputy Superintendent of Police,
Kovilpatti Sub Division,
Thoothukudi District.
4.The Inspector of Police,
Kayathar Police Station,
Thoothukudi District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Crl. A.(MD)No.401 of 2023
Dated : 07.06.2023
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