Madras High Court
Ayyankalai @ Vettian vs The State Represented By Through on 16 June, 2023
Crl. A.(MD)No.427 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 16.06.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.427 of 2023
Ayyankalai @ Vettian ... Appellant/Petitioner/
Accused No.2
Vs.
1.The State represented by through
The Assistant Commissioner of Police,
Tallakulam Range,
Madurai.
2.The Inspector of Police,
Koodalpudur Police Station,
Madurai District.
(Crime No.212 of 2021)
3.Arumugam ... Respondents/Complainants
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST
Act, 1989, to call for the records pertaining to the order dated 10.04.2023
made in Crl.M.P.No.811 of 2023 on the file of the learned IIIrd Additional
District and Sessions Judge (PCR), Madurai and to set aside the same and
enlarge the appellant on bail in connection with the Crime No.212 of 2021
on the file of the respondent police by allowing this criminal appeal.
1/6
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Crl. A.(MD)No.427 of 2023
For Appellant : Mr.M.Karunanithi
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl. Side)
For R3 : Mr.R.Venkatesan
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
by the learned III Additional District and Sessions Judge (PCR), Madurai,
in Crl.M.P.No.811 of 2023 in Spl.S.C.No.173 of 2021 dated 10.04.2023
and enlarge the appellant on bail.
2. The case of the prosecution is that due to previous enmity, the
appellant along with other accused had murdered the defacto
complainant's son. Hence, the second respondent registered a case in
Crime No.212 of 2021 for the offences under Sections 147, 149 and 302
IPC altered into Sections 148, 342, 302, 109, 120(b), 147 and 149 IPC,
Sections 3(l)(r) and 3(2)(v) of SC/ST Act and Section 83(2) of JJ Act. The
respondent police, after completing the investigation, has filed a final
report and the same was taken on file in Spl.S.C.No.173 of 2021 and is
pending on the file of the III Additional District and Sessions Judge
(PCR), Madurai.
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Crl. A.(MD)No.427 of 2023
3. The learned counsel appearing for the appellant would submit
that after the case was taken on file in Spl.S.C.No.173 of 2021, the
appellant has been appearing continuously, that since the appellant had not
appeared on 19.10.2022, Non-Bailable Warrant was ordered to be issued,
that the warrant was executed and the appellant was arrested on
10.03.2023 and that the appellant is in judicial custody till now.
4. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that the appellant is having three
previous cases, which includes two cases under NDPS Act.
5. The learned counsel appearing for the third respondent would
submit that the appellant is the main accused and that he has been
continuously threatening the third respondent and others for lodging the
above complaint.
6. It is seen from the records that the appellant was already
released on bail and that since he has not turned up for the hearing on
19.10.2022, Non-Bailable Warrant was ordered to be issued and on
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Crl. A.(MD)No.427 of 2023
execution of the same, he was arrested and remanded to judicial custody
on 10.03.2023.
7. Considering the facts and circumstances of the case and also
the fact that the appellant is in judicial custody from 10.03.2023, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 10.04.2023 made in Crl.M.P.No.811 of 2023 on the file of the
learned III Additional District and Sessions Judge (PCR), Madurai.
8. Accordingly, the Criminal Appeal is allowed and the order
dated 10.04.2023 made in Crl.M.P.No.811 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 III
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
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Crl. A.(MD)No.427 of 2023
Sessions Judge may obtain a copy of their valid identity
card to ensure their identity.
[b]the appellant shall appear 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.
16.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
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Crl. A.(MD)No.427 of 2023
K.MURALI SHANKAR, J.
csm
To
1.The Superintendent,
Central Prison,
Madurai.
2.The III Additional District and Sessions Judge (PCR),
Madurai.
3.The Assistant Commissioner of Police,
Tallakulam Range,
Madurai.
4.The Inspector of Police,
Koodalpudur Police Station,
Madurai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.427 of 2023
Dated : 16.06.2023
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