Madras High Court
Poopathy vs The Deputy Superintendent Of ... on 26 June, 2023
Crl. A.(MD)No.455 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 26.06.2023
CORAM
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl. A.(MD)No.455 of 2023
Poopathy ... Appellant/
Accused No.4
Vs.
1.The Deputy Superintendent of Police,
Pudukkottai Town Division,
Pudukkottai District.
2.The Inspector of Police,
Thirukokarnam Police Station,
Pudukkottai District.
(Crime No.146 of 2023) ... 1st and 2nd Respondents/
Complainants
3.Karthik Raja ... 3rd Respondent/Defacto
Complainant
4.Muruganandam ... 4th Respondent/Victim
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST
(POA) Amended Act, 2015, to set aside the order passed by the Special
Court for Trial of SC/ST Act Cases, Pudukkottai made in Crl.M.P.No.
1/6
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Crl. A.(MD)No.455 of 2023
1020 of 2023 and allow this appeal by enlarging the appellant on bail in
FIR No.146 of 2023 on the file of the second respondent police.
For Appellant : Mr.S.Sathya Chithambaram
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl. Side)
For R3 : Mr.VRG.Mohan
Legal Aid Counsel
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
by the learned Special Sessions Judge, Special Court for Trial of SC/ST
Act Cases, Pudukkottai, in Cr.M.P.No.1020 of 2023 dated 13.06.2023 and
enlarge the appellant on bail.
2. The case of the prosecution is that there existed money
dispute between the third respondent and the first accused's family and
that on 29.05.2023 at about 04.30 p.m., the third respondent and his family
members went to the relative condolence, at that time, the appellant and
the other accused had attacked the respondents 3 and 4 with deadly
weapons, abused them in filthy language and also threatened them with
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Crl. A.(MD)No.455 of 2023
dire consequences. Hence, the second respondent registered a case in
Crime No.146 of 2023 for the offences under Sections 147, 294(b), 323,
324, 307 and 506(2) IPC altered into Sections 147, 294(b), 323, 324, 307
and 506(2) IPC r/w Sections 3(l)(r)(s) and 3(2)(Va) of SC/ST (POA) Act.
3. The learned counsel appearing for the appellant would submit
that the appellant has not committed any offence as alleged by the
prosecution and he has been falsely implicated in this case and that the
appellant is in judicial custody from 30.05.2023.
4. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that during the funeral
procession of the third respondent's cousin's grandmother, the present
incident came to be occurred and that two injured were already discharged
from the hospital. He would further submit that the appellant is having 10
previous cases, in which, 6 cases were already disposed of.
5. The learned counsel appearing for the third respondent has
raised objections to grant bail to the appellant.
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Crl. A.(MD)No.455 of 2023
6. Considering the above facts and circumstances and also the
facts that the injured were already discharged from the hospital and that
the appellant is in judicial custody from 30.05.2023, this Court is inclined
to allow the Criminal Appeal by setting aside the order, dated 13.06.2023
made in Cr.M.P.No.1020 of 2023 on the file of the Special Court for Trial
of SC/ST Act Cases, Pudukkottai.
7. Accordingly, the Criminal Appeal is allowed and the order
dated 13.06.2023 made in Cr.M.P.No.1020 of 2023 on the file of the
Special Court for Trial of SC/ST Act Cases, Pudukkottai, 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 SC/ST Act Cases, Pudukkottai, 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.
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Crl. A.(MD)No.455 of 2023
[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.
26.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
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Crl. A.(MD)No.455 of 2023
K.MURALI SHANKAR, J.
csm
To
1.The Superintendent,
Sub Jail,
Pudukkottai.
2.The Special Sessions Judge,
Special Court for Trial of SC/ST Act Cases,
Pudukkottai.
3.The Deputy Superintendent of Police,
Pudukkottai Town Division,
Pudukkottai District.
4.The Inspector of Police,
Thirukokarnam Police Station,
Pudukkottai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.455 of 2023
Dated : 26.06.2023
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