Madras High Court
S.Masanam vs The Assistant Commissioner Of ... on 18 May, 2023
Crl.A(MD)No.359 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.A(MD)No.359 of 2023
S.Masanam, ... Petitioner
Vs.
1.The Assistant Commissioner of Police,
Tirunelveli City, Tirunelveli..
2.The Inspector of Police,
Tirunelveli Junction Police Station,
Tirunelveli. Cr.No.79/2023.
3. Baskar ... Respondents
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (POA) Act, 1989, as amended by Act 1 of 2016, to
call for the records and set aside the bail dismissed order of the II Additional
District and Sessions Judge (PCR), Tirunelveli in Cr.M.P.No.1269 of 2023,
dated 21.04.2023 and enlarge the petitioner on bail in Crime No.279 of 2023.
For appellant : Mr.Aayiram K.Selvakumar
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
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Crl.A(MD)No.359 of 2023
JUDGMENT
Heard the learned Counsel appearing for the appellant and the
learned Government Advocate (Crl. Side) appearing for the respondents 1 &
2.This Criminal Appeal has been filed to call for the records and set
aside the bail dismissal order of the II Additional District and Sessions Judge
(PCR), Tirunelveli in Cr.M.P.No.1269 of 2023, dated 21.04.2023 and enlarge
the petitioner on bail in Crime No.79 of 2023.
3.The appellant, who was arrested and remanded to judicial custody
on 30.03.2023, for the offences punishable under Sections U/s.341,294(b),
324, 307 and 506(ii) of IPC, altered into U/s.341,294(b), 324, 307 and 506(ii)
of IPC r/w Section 3(1)(r) 3(1)(s) and 3(2)(va) of SC/ST(POA) Act 2015 and
altered into Sections 341, 294(b), 324, 307, 506(ii), 147, 148, 120(b) of IPC
r/w Section 3(1)(r) 3(1)(s) and 3(2)(va) of SC/ST(POA) Act 2015 , in Crime
No.79 of 2023 on the file of the respondent police, seek appeal bail.
4.The case of the prosecution in brief:
The defacto complainant lodged a complaint stating that he belongs
to the SC community and he is doing painting works in his locality. Due to
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Crl.A(MD)No.359 of 2023
previous animosity on 19.03.2023 at about 8.30 p.m., when the 3 rd respondent
went to pick her mother from the the Junction bus stand, the accused Nos.1 to
3 have come and uttered foul language against the 3rd respondent and attacked
with sickle on his back and right side shoulder and thigh and the accused No.
3 attacked on his right side knee and left hand. The 3rd respondent's mother
and his uncle alarmed the public in the occurrence spot, the accused persons
threatened them with dire consequences and fled away from the occurrence
spot. Thereafter, the 3rd respondent was admitted in the Tirunelveli
Government Medical College Hospital and lodged a complaint before the 2nd
respondent police. Based on the complaint, the 2nd respondent registered FIR
against three named accused persons and the petitioner's name does not found
in the FIR. The petitioner was arrested by the 2nd respondent police and
remanded in judicial custody on 30.03.2023.
3.The appellant had filed bail application in Cr.M.P.No.1269 of 2023
before the learned II Additional District and Sessions Judge (PCR),
Tirunelveli and the same was dismissed on 21.04.2023. Aggrieved over the
same, the present appeal has been filed by the appellant.
4.The learned counsel for the appellant would submit that the 3rd
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Crl.A(MD)No.359 of 2023
respondent without any material, made allegations against the petitioner.
There is no specific overt act against the petitioner. Only on the basis of the
confession of the co-accused, the petitioner was added as accused in this case.
5.The learned Government Advocate (Crl. Side) would submit that the
injured person in this case is still in hospital and taking treatment as in patient
and if the petitioner is released on bail he will tamper the witnesses and
hamper the investigation. He would also submit that there is a possibility of
communal clash. Hence, he vehemently opposed the grant of bail to the
petitioner.
6.In view of the submissions made by the petitioner that the injured
person in this case is still in hospital and taking treatment as inpatient, this
Court is not inclined to grant bail to the petitioner. This appeal deserves to be
dismissed.
7.Accordingly, this criminal appeal is dimissed.
18.05.2023
Index : Yes/No
Internet : Yes/No
TM
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Crl.A(MD)No.359 of 2023
To
1.The II Additional District and Sessions Judge (PCR), Tirunelveli.
2.The Assistant Commissioner of Police,
Tirunelveli City, Tirunelveli..
3.The Inspector of Police,
Tirunelveli Junction Police Station,
Tirunelveli. Cr.No.79/2023.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A(MD)No.359 of 2023
T.V.THAMILSELVI,J.
TM
Crl.A(MD)No.359 of 2023
18.05.2023
https://www.mhc.tn.gov.in/judis
