Premkumar vs State Rep. By
2023 Latest Caselaw 3377 Mad

Citation : 2023 Latest Caselaw 3377 Mad
Judgement Date : 29 March, 2023

Madras High Court

Premkumar vs State Rep. By on 29 March, 2023

                                                                              Crl.A.No.271 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 29.03.2023

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                                Crl.A.No.271 of 2023
                     1. Premkumar
                     S/o.Chinnaiyan

                     2. Kamalesh
                     S/o.Saravanan                           ....      Appellants

                                                        Vs

                     1. State rep. by
                     Deputy Superintendent of Police,
                     O/o.Deputy Superintendent of Police,
                     Mayiladuthurai

                     2. Inspector of Police,
                     Manalmedu Police Station,
                     Mayiladuthurai District.

                     3. Karikalan                            ....      Respondents

                     PRAYER : Criminal Appeal has been filed under section 14(A)(2) of
                     Schedule Caste and Schedule Tribes Act, 1989, to set aside the order
                     passed by the learned Principal District and Sessions Judge/Special Court
                     for SC/ST Act, Nagapattinam in Crl.M.P.No.572/2023 dated 01.03.2023
                     and enlarge the appellants/accused on bail in connection with Crime
                     No.26 of 2023 on the file of the Inspector of Police, Manalmedu Police
                     Station, Mayiladuthurai.
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                                                                                    Crl.A.No.271 of 2023

                                         For Appellants          : Mr.C.T.Saravanan

                                         For R1 & R2             : Mr.A.Gokulakrishnan
                                                                   Additional Public Prosecutor

                                         For R3                  : No appearance


                                                      JUDGMENT

This Criminal Appeal has been filed against the impugned order

passed by the learned Principal District and Sessions Judge/Special Court

for SC/ST Act, Nagapattinam in Crl.M.P.No.572/2023 dated 01.03.2023

2. The learned counsel appearing for appellants submitted that

based on the complaint given by the third respondent/defacto

complainant, a case was registered against the appellants in Crime No.26

of 2023 for the offences punishable under Sections 341, 294(b), 323, 324

of IPC and r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste

and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

These appellants are arrested and remanded to judicial custody from

25.01.2023. The victim was also discharged from the hospital.

Therefore, he seeks bail to the appellants.

3. When the matter is taken up for hearing, the learned Additional

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Public Prosecutor appearing for the State submitted that the investigation

is pending and objected to grant of bail.

4. Heard the learned counsel appearing for the appellants and the

learned Additional Public Prosecutor appearing for the State and also

perused the materials available on record.

5. Though notice has been sent to the defacto complainant and

his name is printed in the cause list, there is no appearance neither on

behalf of the defacto complainant nor through his counsel.

6. A perusal of the records and FIR reveals that, on 25.01.2023,

the complainant/Karikalan was assaulted by the first accused along with

other accused. The name of the second appellant/accused is not

mentioned in the FIR and further the appellants are in judicial custody

from 25.01.2023. It is also informed that the victim/Karikalan was

discharged from the hospital.

7. Considering the allegations levelled against the appellants and

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also the period of incarceration of the appellants from the date of their

arrest i.e. 25.01.2023, this Court is inclined to grant bail to the

appellants. Accordingly, the Criminal Appeal is allowed on the

following conditions:

(i) The appellants shall execute a bond for a sum of Rs.25,000/-

(Rupees twenty five thousand only) each along with two sureties, each, for a likesum to the satisfaction of the Learned Principal District and Sessions Judge/Special Court for SC/ST Act, Nagapattinam.

(ii) The appellants and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.