Mothilal @ Moorthi vs State Through
2023 Latest Caselaw 14467 Mad

Citation : 2023 Latest Caselaw 14467 Mad
Judgement Date : 22 November, 2023

Madras High Court

Mothilal @ Moorthi vs State Through on 22 November, 2023

                                                                               Crl.A.(MD).No.958 of 2023

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 22.11.2023

                                                       CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VADAMALAI

                                              Crl.A.(MD).No.958 of 2023

                     Mothilal @ Moorthi                       ... Appellant / Accused No.2

                                                        Vs.

                     1.State through
                       The Deputy Superintendent of Police,
                       Sivakasi Sub Division,
                       Virudhunagar District

                     2.The State represented by
                       The Inspector of Police,
                       Sivakasi East Police Station,
                       Virudhunagar District.
                       (Crime No.400 of 2023)          ... 1st & 2nd Respondents / Complainants

                     3.Marimuthu                        ...3rd Respondent/De-facto Complainant

                     PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
                     (Prevention of Atrocities) Amendment Act, to set aside the order of the
                     learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,
                     Virudhunagar District at Srivilliputhur in Crl.M.P.No.3346 of 2023 dated
                     09.10.2023 and enlarge the appellant/Accused No.2 on bail in Crime No.
                     400 of 2023 on the file of the first respondent police.

                     Page 1 of 8


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                                                                               Crl.A.(MD).No.958 of 2023



                                   For Appellant      : Mr.M.Jegadeesh Pandian
                                   For R1 & R2        : Mr.B.Nambi Selvan
                                                        Additional Public Prosecutor

                                   For R3             : Mr.Marimuthu (Party in Person)


                                                        JUDGMENT

This Criminal Appeal has been filed to set aside the order made in

Cr.M.P.No.3346 of 2023 dated 09.10.2023 on the file of the learned

Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,

Virudhunagar District at Srivilliputhur and enlarge the appellant/Accused

No.2 on bail in Crime No.400 of 2023 on the file of the second respondent

police.

2. According to the prosecution, the appellant and other accused

persons said to have committed the offences under Sections 294(b), 341,

342, 323, 324, 307, 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(v) of

SC/ST (POA) Amendment Act, 1989.

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3.The case of the prosecution is that on 24.09.2023, when the

defacto complainant went to Chakra bar at Paraipatti, Ramesh/Accused No.

1 introduced his friends namely Balaji and Mothilal @ Moorthi/ appellant

herein to the defacto complainant. At that time, they demanded drinks and

snacks from the defacto complainant, but the defacto complainant refused.

Due to which, there was a wordy quarrel arose between them, in which, the

accused persons abused the defacto complainant in filthy language and also

assaulted him. Subsequently, the Accused Nos.1 and 3 waylaid the defacto

complainant and caught hold of him, the appellant/Accused No.2 abused

him by using his caste name and assaulted the defacto complainant and

caused injury. Hence, the de-facto complainant lodged a complaint before

the respondent police and the case has been registered in Crime No.400 of

2023 against the appellant and other accused persons for the offences under

Sections 294(b), 341, 342, 323, 324, 307, 506(ii) of IPC r/w Sections 3(1)

(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 1989. Therefore, the

appellant has filed a petition for bail in Cr.M.P.No.3346 of 2023, before the

learned Sessions Judge, Special Court for Trial of cases under SC/ST (PoA)

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Act, Srivilliputtur (FAC) and the same was dismissed on 09.10.2023.

Challenging the same, the appellant has preferred this Criminal Appeal.

4. The learned counsel for the appellant would submit that the

appellant is an innocent and he has been falsely implicated in this case.

He would further submit that the appellant was arrested and remanded on

25.09.2023 and he is in judicial custody for the past 58 days in District

Prison, Virudhunagar. He would further submit that the major part of the

investigation is almost completed and the co-accused/Accused No.3 was

granted bail by this Court on 17.11.2023 and hence, he seeks to grant bail to

the appellant.

5. The learned Additional Public Prosecutor appearing for the

State would submit that totally there are three accused in this case and the

appellant herein arrayed as Accused No.2. He would further submit that the

appellant is having ten previous cases and if the appellant is ordered to be

released on bail, stringent conditions may be imposed.

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6.The third respondent/de-facto complainant appeared in person

and submitted that he was discharged from the hospital on the very next day

and however objected to release the appellant on bail.

7.Considering the above facts and circumstances and also

considering the period of incarceration and also the fact that the

investigation is almost over and the co-accused was already released on

bail, this Court is inclined to allow the Criminal Appeal by setting aside the

order, dated 09.10.2023 passed in Cr.M.P.No.3346 of 2023 on the file of the

learned learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act

Cases, Virudhunagar District at Srivilliputhur.

8. Accordingly, this Criminal Appeal is allowed and the order

dated 09.10.2023 passed in Cr.M.P.No.3346 of 2023 on the file of the

learned learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act

Cases, Virudhunagar District at Srivilliputhur, is set aside. The appellant is

ordered to be released on bail on his executing a bond for a sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each

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for a like sum to the satisfaction of the Special Court for Trial of SC/ST

(POA) Act Cases, Virudhunagar District at Srivilliputhur, and on further

conditions that:

(a) the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the Special Court for Trial of SC/ST

(POA) Act Cases, Virudhunagar District at Srivilliputhur, may obtain a copy

of their valid identity card to ensure their identity.

(b) the appellant shall stay at Trichy and report before the

Cantonment Police Station, daily twice i.e. at 10.30 a.m. and 5.30 p.m., until

further orders, except on hearing dates.

(c) the appellant shall not tamper with evidence or witnesses,

during investigation or trial.

(d) the appellant shall co-operate with the investigation.

(e) On breach of any of the aforesaid conditions, the learned Trial

Court is entitled to take appropriate action against the appellant in

accordance with law as if the conditions have been imposed and the

appellant released on bail by the learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala

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[(2005) AIR SCW 5560].