Prithiviraj vs State Rep. By
2023 Latest Caselaw 5046 Mad

                                                                                 Crl.A.No.396 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 10.05.2023

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                               Crl.A.No.396 of 2023

                     Prithiviraj
                              ...Appellant

                                                         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 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.1156/2023 dated 23.03.2023, and enlarge the
                     Appellant / Accused on Bail in connection with Crime No.26 of 2023 on the
                     file of the Inspector of Police, Manalmedu Police Station, Mayiladuthurai

                                                          1


https://www.mhc.tn.gov.in/judis
                                                                                      Crl.A.No.396 of 2023

                     District.
                                       For Appellant     : Mr.C.T.Saravanan
                                       For Respondents : Mr.E.Raj Thilak
                                                           Additional Public Prosecutor for R1 & R2
                                                           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.1156/2023 dated 23.03.2023

2. The learned counsel appearing for appellant submitted that based

on the complaint given by the third respondent/defacto complainant, a case

was registered against the appellant 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. The appellant was

arrested and remanded to judicial custody from 23.03.2023. The victim was

also discharged from the hospital. Therefore, he seeks bail to the appellant.

https://www.mhc.tn.gov.in/judis Crl.A.No.396 of 2023

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

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 appellant 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 reveals that, on 24.01.2023, the

complainant/Karikalan was assaulted by the appellant along with other

accused. It is seen that the name of the appellant is not mentioned in the

FIR and further the appellant is in judicial custody from 23.03.2023. It is

also informed that the victim/Karikalan was discharged from the hospital.

https://www.mhc.tn.gov.in/judis Crl.A.No.396 of 2023

7. Considering the allegations levelled against the appellant and also

the period of incarceration of the appellant from the date of his arrest i.e.

23.03.2023, this Court is inclined to grant bail to the appellant.

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 like

sum to the satisfaction of the Learned Principal District and Sessions

Judge/Special Court for SC/ST Act, Nagapattinam.

(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.

(iii) The appellant shall appear before the respondent police in the first

day of every month, until further orders.

10.05.2023 kkn/shr

Internet : Yes/No Index: Yes/No

https://www.mhc.tn.gov.in/judis Crl.A.No.396 of 2023

Speaking / Non-speaking order Nuetral Citation :Yes/No

To:-

1.The Principal District and Sessions Judge/ Special Court for SC/ST Act, Nagapattinam.

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Mayiladuthurai.

3.The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District.

4.The District Jail, Nagapattinam.

5.The Public Prosecutor High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis Crl.A.No.396 of 2023

SUNDER MOHAN, J.

KKN/SHR

Crl.A.No.396 of 2023

10.05.2023

https://www.mhc.tn.gov.in/judis Crl.A.No.396 of 2023

https://www.mhc.tn.gov.in/judis