Gowtham vs The Deputy Superintendent Of ...
2023 Latest Caselaw 3410 Mad

Citation : 2023 Latest Caselaw 3410 Mad
Judgement Date : 29 March, 2023

Madras High Court

Gowtham vs The Deputy Superintendent Of ... on 29 March, 2023

                                                                                 Crl.A.No.260 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.03.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                Crl.A.No.260 of 2023

                   Gowtham
                   S/o.Chinnadurai                 ... Appellant/Petitioner/8th Accused

                                                         Vs

                   1. The Deputy Superintendent of Police,
                   Perambalur,
                   Perambalur District.          ... 1st respondent/Complainant/Complainant


                   2. State Rep. by
                   The Inspector of Police,
                   Perambalur Police Station,
                   Perambalur District.
                   (Crime No.562 of 2022)          ... 2nd respondent/2nd respondent/Complainant


                   3. Gopal                        ... 3rd respondent/Defecto Complainant

                   Prayer : Criminal Appeal has been filed under Section 14(A)(2) of
                   Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, to set
                   aside the order dated 27.02.2023 passed in Crl.M.P.No.200 of 2023 passed
                   by the Learned Sessions Judge (FAC), Special Court for trial of cases under
                   SC/ST (POA) Act, Perambalur and enlarge the appellant on bail in
                   Spl.S.C.No.14 of 2022 on the file of the Sessions Judge (FAC), Special Court
                   for trial of cases under SC/ST (POA) Act, Perambalur.

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                                                                                   Crl.A.No.260 of 2023

                                  For Appellant    :Mr.M.Vijaya Ragavan

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

                                  For R3           : Notice served-no appearance

                                                  JUDGMENT

This Criminal Appeal has been filed against the impugned order

passed by the learned Sessions Judge (FAC), Special Court for Trial of cases

under SC/ST (POA) Act, Perambular in Crl.M.P.No.200 of 2023 dated

27.02.2023.

2. The learned counsel appearing for the appellant submitted that

based on the complaint given by the 3rd respondent/defacto complainant, a

case was registered against six accused persons. Based on the confession of

the co-accused, he has been falsely implicated in this case by the respondent

police in Crime 562 of 2022 for the offences punishable under Sections 147,

148, 294(b), 307, 302, 120(B), 34 and 326 of IPC r/w Sections 3(1)(r),

3(1)(s), 3(2)(v) of SC/ST (POA) Act. The appellant was arrested and

remanded to judicial custody from 18.11.2022. If the appellant is released

on bail, he is ready to abide any condition imposed by this Court.

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Crl.A.No.260 of 2023

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

Public Prosecutor appearing for the respondents 1 & 2 submitted that in this

case, six accused have been involved in this case and on the confession of

co-accused, this appellant was implicated in this case. The nature of the

crime is grave in nature. The investigation was completed and charge sheet

has also been filed and the case has been taken on file as Spl.S.C.No.14 of

2022. Hence, he objected to grant bail and prayed to dismiss the appeal.

4. Though notice has been sent to the defacto complainant and his

name was printed in the cause list, there is no appearance neither on behalf of

the defacto complainant nor through his counsel.

5. Heard the learned counsel appearing for the appellant and the

learned Additional Public Prosecutor appearing for the respondents 1 & 2

and also perused the materials available on record.

6. On perusal of the records, the fact reveals that the respondent

police registered a case in Crime No.562 of 2022 against six accused persons.

Admittedly, the appellant was arrested and remanded to judicial custody from

18.11.2022. Further, in this case, investigation has been completed and

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Crl.A.No.260 of 2023

charge sheet has been filed and the case has been taken on file as

Spl.S.C.No.14 of 2022. Considering the nature of the offence and origin of

the crime and also taking note of the fact that investigation has been

completed and final report has been filed, I am inclined to grant bail to the

appellant and the impugned order passed by the trial Court is set aside.

7. Accordingly, the Criminal Appeal is allowed on the following

conditions:

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

(Rupees twenty five thousand only) along with two sureties, each, for a likesum to the satisfaction of the Learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Perambalur.

(ii) The appellant 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.