Madras High Court
P.Sasikumar vs The Deputy Superintendent Of ... on 29 March, 2023
Crl.A.No.275 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.A.No.275 of 2023
P.Sasikumar ... Appellant
Vs.
1. The Deputy Superintendent of Police,
Polur Sub Division, Polur Taluk,
Thiruvannamalai District.
2. The Inspector of Police,
Polur Police Station, Polur, Polur Taluk
Thiruvannamalai District.
3. G.Chandrasekaran ... Respondent
PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC/ST (POA)
Act, 1989 to set aside the order passed in Crl.M.P.No.195 of 2023 dated
20.02.2023 passed by the Special Court for Exclusive Trial of Cases under
Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act,
1989 Thiruvannamalai and consequently enlarge the appellant on bail in
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respect of Crime No.33 of 2023 on the file of the Deputy Superintendent of
Police, Polur Sub Division Station, Thiruvannamalai District, pending
investigation.
For Appellant : Mr.S.B.Viswanathan
For Respondents 1 & 2 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.195 of 2023 dated 20.02.2023 passed by the Special Court for
Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes
[Prevention of Atrocities] Act, 1989 and consequently enlarge the appellant
on bail.
2. The respondent police registered a case in Crime No.33/2023
against the appellant and other accused for the offence punishable under
Sections 147, 148, 294(b), 323, 324, 427, 307 & 506(ii) IPC r/w Sec.3(l)(r),
3(l)(s), 3(2)(v) of SC/ST (POA) Act. The appellant filed a petition in
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Crl.M.P.No.195 of 2023 to grant bail to him and the same was dismissed by
the above said Judge, vide order dated 20.02.2023. Challenging above said
order, this criminal appeal has been filed.
3. The learned counsel for the appellant submitted that, the appellant
is in custody from 25.01.2023. He further submitted that A1 Jayasankar
was granted anticipatory bail by this Court in Crl.O.P.No.6154 of 2023 on
17.03.2023. Since the petitioner is in custody from 25.01.2023, and the
injured also discharged from the hospital, seeks to grant bail.
4. When the matter is taken up, the learned Additional Public
Prosecutor objected to grant bail to the appellant and contended that this is
second bail petition and previous bail petition was dismissed by this Court.
5. Despite notice has been served to the third respondent and his
name is printed in cause list, there is no representation for the third
respondent and none appeared on his behalf.
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6. Heard the learned counsel for the appellant and the learned
Additional Public Prosecutor appearing for the respondents 1 and 2 and
perused the materials on record.
7. A perusal of the records, the fact reveals that one Chandrasekaran
gave a complaint alleging that on 24.01.2023 at about 9.30 a.m., in
connection to a dispute of constructing a compound wall, the accused
persons along with others assaulted him with stick and he sustained fracture
injury on his hand and consequently, he had taken treatment. It is his
further allegation that the accused abused him using caste name. It is the
allegation in the complaint that only two persons, viz., Jayasankar and
Sasikumar assaulted him with stick and caused injuries on his hand and now
the victim also discharged from the hospital. The accused Jayashankar was
granted anticipatory bail by this Court in Crl.O.P.No.6154 of 2023, on
17.03.2023.
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8. In these circumstances, considering nature of allegations against
the petitioner and as he is in custody from 25.01.2023, this Court is inclined
to grant bail to the appellant with some conditions.
9. Accordingly, this Criminal Appeal is allowed by setting aside the
impugned order dated passed in Crl.M.P.No.195/2023 and bail is granted to
the appellant with the following conditions.
(i) The appellant is directed to be enlarged on bail on condition that
the appellant shall execute 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 Sessions Judge, Special Court for Exclusive
Trial of Cases under Scheduled Castes and Scheduled Tribes
[Prevention of Atrocities] Act, 1989, Thiruvannamalai.
(ii) the appellant and the sureties shall affix their photographs and left
thumb impression in the surety bond and the Court concerned may obtain a
copy of their Aadhar card or Bank pass Book to ensure their identity;
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(iii) the appellant shall not tamper with evidence or witness either
during investigation or trial;
(iv) the appellant shall report before the Trial Court, as and when
required by the Trial Court.
(v) the appellant shall not abscond during trial;
(vi) on breach of any of the aforesaid conditions, the learned Trial
Judge is entitled to take appropriate action against the appellant in
accordance with law as if the conditions has been imposed and the appellant
released on bail by the learned Trial Judge himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW
5560]; and;
(vii) if the accused thereafter absconds, a fresh FIR can be registered
under Section 229-A IPC.
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To
1. The Sessions Judge,
Special Court for Exclusive Trial of Cases under SC/ST [POA] Act, 1989
Thiruvannamalai.
2. The Superintendent, Central Prison, Vellore
3. The Public Prosecutor, High Court of Madras, Chennai.
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V.SIVAGNANAM, J.
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