Madras High Court
Ayesha Kallashi vs The Deputy Superintendent Of ... on 19 June, 2023
CRL.A(MD).No. 385 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.A(MD).No.385 of 2023
Ayesha Kallashi :Appellant /Accused No.1
Vs.
1.The Deputy Superintendent of Police,
Tiruchendur,
Thoothukudi District.
2.The Inspector of Police,
Kulasekarapattinam Police Station,
Thoothukudi District.
(Crime No.45 of 2023) :Respondents/Complainant
3.Thangammal : Respondent/Defacto complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, 2015, to call for the entire records pertaining to the order
passed by the Special Court for trial of cases under SC/ST (POA) Act,
Thoothukudi in Crl.M.P.No.374 of 2023, vide order dated 03.05.2023 and
set aside the same and consequently release the appellant on bail in
connection with the Cr.No.45 of 2023, pending on the file of the second
respondent.
1/6
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CRL.A(MD).No. 385 of 2023
For Appellant : Mr.N.Anantha Padmanabhan
Senior Counsel
for Mr.R.Anand
For Respondents : Mr.A.Albert James,
Government Advocate (Criminal Side)
for R.1 and R.2
: No Appearance for R.3
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.374 of 2023, dated 03.05.2023, on the file of the the learned
Sessions Judge(FAC), Special Court for trial of cases under SC/ST (POA)
Act, Thoothukudi and enlarge the appellant on bail in connection with
Crime No.45 of 2023, on the file of the second respondent Police.
2. The case of the prosecution is that the defacto complainant's
husband was working as a sweeper in Udangudi Panchayat and the
appellant is the ex=president of Udangudi Panchayt and she demanded few
lakhs from the deceased for getting promotion, but the deceased could not
pay the amount as demanded by the appellant and on 17.03.2023 at about
06.15a.m, when the deceased was present before the appellant, she scolded
the deceased by pointing his caste name and due to that, the deceased
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CRL.A(MD).No. 385 of 2023
consumed poison and died and based on the complaint given by the
defacto complainant, a case in Crime No.45 of 2023 was registered by the
second respondent Police against the appellant and other accused persons,
under Sections 294(b), 186, 306,109, 212 I.P.C., and Sections 3(1) (r), 3(1)
(s) and 3(2) (V) of SC/ST(POA)Act. The appellant is in judicial custody
and she has filed a petition for bail in Cr.M.P.No.374 of 2023 and the same
was dismissed by the learned Special Judge for Trial of Cases under SC/ST
(POA) Act, Thoothukudi on 03.05.2023. Challenging the same, the
appellant has preferred this Criminal appeal.
2. The learned Senior Counsel appearing for the appellant would
submit that the co-accused were already released on bail by the Sessions
Court. He would further submit that the appellant was granted interim bail
by this Court on 05.05.2023 on medical grounds.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents 1 and 2 would submit that the investigation is almost
completed and they are going to file the charge sheet shortly.
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CRL.A(MD).No. 385 of 2023
4. Accordingly, the Criminal Appeal is allowed and the order, dated
03.05.2023 made in Cr.M.P.No.374 of 2023 on the file of the learned
Special Sessions Judge (FAC), Special Court for Trial of SC/ST(POA) Act
Cases, Thoothukudi, 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 Special Judge (FAC), Special Court for Trial of Cases under
SC/ST (POA) Act Cases, Thoothukudi District, and on further conditions
that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Special Judge for Trial of
Cases under SC/ST (POA) Act, Thoothukudi, may obtain a copy of their
valid identity card to ensure their identity.
(b) the appellant shall report before the respondent Police daily at
10.30 am, 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. 385 of 2023
(e) On breach of any of the aforesaid conditions, the learned
Magistrate/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 released on bail by the learned Magistrate/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.
19.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
SSL
To
1.The Special Sessions Judge (FAC),
Special Court for Trial of SC/ST(POA) Act Cases,
Thoothukudi
2.The Deputy Superintendent of Police,
Tiruchendur,
Thoothukudi District.
3.The Inspector of Police,
Kulasekarapattinam Police Station,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
CRL.A(MD).No. 385 of 2023
K.MURALI SHANKAR,J.
SSL
4.The Superintendent,
Special Prison for Women,
Kokkirakulam,
Palayamkottai, Tirunelveli District.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
Order made in
CRL.A(MD).No. 385 of 2023
19.06.2023
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