Madras High Court
Rajkumar vs The Deputy Superintendent Of ... on 2 March, 2023
Crl.A(MD)No.151 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.03.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.151 of 2023
Rajkumar ... Appellant/Accused No.2
Vs.
1.The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Uthamapalayam,
Theni District.
2.The Inspector of Police,
Uthamapalayam Police Station,
Theni District.
(Crime No.37 of 2023) ... Respondents 1 & 2/Complainant
3.Pandiarasi ... 3rd Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), to set aside the order dated
20.02.2023 made in Crl.M.P.No.251 of 2023 in Crime No.37 of 2023 on the
file of the learned Sessions Judge, Special Court for trial of the cases under
SC/ST(POA) Act, Theni and enlarge the petitioner on bail.
For appellant : Mr.C.Jeganathan
For R-1 & R-2 : Mr.B.Nambiselvan
Additional Public Prosecutor
For R3 : Mr.Yasar Arafath, Legal Aid Counsel
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Crl.A(MD)No.151 of 2023
JUDGMENT
Heard the learned Counsel appearing for the appellant, learned
Government Advocate (Crl. Side) appearing for the respondents 1 & 2.
Mr.Yasar Arafath, (Enrol No.2579 of 2016, Cell No.8883076485) learned
Counsel from the legal aid panel is appointed to defend the case on behalf of
the third respondent and also heard.
2.This Criminal Appeal has been filed to call for the records and
set-aside the order passed by the learned learned Sessions Judge, Special
Court for Trial of SC / ST (PoA) Act Cases, Theni District, dated 20.02.2023
made in Cr.M.P.No. 251 of 2023 and enlarge the appellant on bail.
3.The appellant, who was arrested and remanded to judicial custody
on 29.01.2023, for the offences punishable under Sections 294(b), 323, 109
IPC r/w. Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act
2015, in Crime No.37 of 2023 on the file of the respondent police, seek
appeal bail.
4.The case of the prosecution is that the defacto complainant lodged
a complaint stating that she belongs to Scheduled Caste community and she
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Crl.A(MD)No.151 of 2023
received Rs.30,000/- from the Axis Bank, through Self Help Group. The first
accused was the Leader of the above said Group. There was some sort of
delay on her part in repayment of the loan. Because of that, there was wordy
quarrel between them on 07.01.2023. On 27.01.2023, again there trouble was
made by the accused person and she was also assaulted and abused by calling
her caste name. On the basis of the above said occurrence, she was shifted to
the hospital and from where, the above said complaint was recorded.
5.Seeking bail, the petitioner moved Crl.M.P.No.251 of 2023, before
the Special Court. That was dismissed. Against which, this appeal has been
preferred. The third respondent was also served and was present. On her
behalf counsel from the legal aid panel was appointed and heard.
6.The learned Additional Public Prosecutor would submit that the
petitioner is bootlegger and he is having 37 previous cases to his credit and
also he acting as a guardian of the first accused.
7.The learned counsel for the defacto complainant would submit that
the first accused was granted bail and after release from the prison now she is
also making threat upon the defacto complainant to withdraw the complaint
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Crl.A(MD)No.151 of 2023
and she is experienced trouble from the first accused on regular basis.
According to her, this is her apprehension.
8.However, considering the period of incarceration, this Court is
inclined to grant bail to the petitioner on certain conditions.
9.Accordingly, the Criminal Appeal is allowed and the order, dated
20.02.2023 made in Crl.M.P.No.251 of 2023 on the file of the learned
Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni
District, is set aside. The appellant is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties, each for a like sum to the satisfaction of the learned Sessions
Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District,
and on further condition that:
[a] the appellant shall appear before the Inspector of Police, Town
Police Station, Theni, daily at 10:30 a.m. until further orders;
[b] the appellant shall file an undertaking affidavit to the effect that
he will not make any trouble to the defacto complainant in future;
[c] the appellant shall stay away from the place of occurrence until
further orders;
[d] the appellant shall not tamper with evidence or witness either
during investigation or trial;
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Crl.A(MD)No.151 of 2023
[e] the appellant shall not abscond either during investigation or
trial;
[f] On breach of any of the aforesaid conditions, the 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 Trial Court itelf as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
02.03.2023
Index : Yes/No
Internet : Yes/No
TM
Note: Issue order copy on 02.03.2023.
To
1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases,
Theni District.
2.The Deputy Superintendent of Police,
Uthamapalayam Sub Division,
Uthamapalayam,
Theni District.
3.The Inspector of Police,
Uthamapalayam Police Station,
Theni District.
(Crime No.37 of 2023)
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.151 of 2023
G.ILANGOVAN,J.
TM
Crl.A(MD)No.151 of 2023
02.03.2023
https://www.mhc.tn.gov.in/judis
