Madras High Court
Chandru @ Santhose vs The State Rep. By on 30 November, 2023
Crl. A.(MD)No.987 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 23.11.2023
Pronounced on : 30.11.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
Crl. A.(MD)No.987 of 2023
Chandru @ Santhose ... Appellant
Vs.
1.The State Rep. by
The Deputy Superintendent of Police,
Samayanallur Sub Division,
Madurai District.
2.The Inspector of Police,
Samayanallur Police Station,
Madurai District.
3. Pandi .. Respondents
Prayer : This Criminal Appeal is filed under Section 15-A(2) of SC/ST Act, to set
aside the order dated 25.10.2023 made in Crl.M.P.No.3167 of 2023, on the file of the
III Additional District and Sessions Court (PCR), Madurai and enlarge the appellant
on bail in Crime No.166 of 2023 on the file of the second respondent.
1/7
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.987 of 2023
For Appellants : Mr.M.Jothi Basu
For R1 and R2 : Mr.B.Nambiselvan
Additional Public Prosecutor
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JUDGMENT
This Criminal Appeal has been filed to set aside the order dated
25.10.2023 made in Crl.M.P.No.3167 of 2023, on the file of the III Additional
District and Sessions Court (PCR), Madurai and enlarge the appellant on bail in
Crime No.166 of 2023 on the file of the second respondent.
2. According to the prosecution the appellant and other accused said to
have committed the offence punishable under Sections 147, 294(b), 364, 302 of IPC
and r/w sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 2015.
3.The case of the prosecution is that on 07.08.2023 at about 6.30 hours, the
appellant along with the other accused in a drunken mood attacked the deceased with
hands and dashed him against the pillar and murdered him and throw the dead body
near the railway track. Hence, the de-facto complainant lodged a complaint before
the respondent police and the case has been registered in Crime No.166 of 2023
against the appellant for the offences under Sections 147, 294(b), 364, 302 of IPC
and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 2015.
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Therefore, the appellant has filed a petition for bail in Crl.M.P.No.3167 of 2023,
before the learned III Additional District and Sessions Court (PCR), Madurai and the
same was dismissed on 25.10.2023. Challenging the same, the appellant has
preferred this Criminal Appeal.
4. The learned counsel for the appellant would submit that the appellant
did not involve in any occurrence as alleged by the prosecution. He further submitted
that Co-accused namely, A1, A4, A5 and A6 were arrested and thereafter, released
on bail by the trial Court. He would further submit that the appellant is willing to
produce sufficient sureties for the appearance and the appellant will never abscond
and will not tamper the witnesses. The appellant was arrested and remanded on
11.08.2023 and hence, he seeks to grant bail to the appellant.
5. The learned Additional Public Prosecutor appearing for the respondent
police submitted that the deceased gave a complaint against the appellant, due to
which the appellant along with the other accused kidnapped the deceased in a two
wheeler and brutally attacked and murdered him. He further submitted that two
previous case was pending against the appellant, out of which, one case was
disposed of. He further submitted that the investigation has been completed and
charge sheet has been laid before the special Court and objected to allow this appeal.
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6.The third respondent/de-facto complainant appeared in person and stated
that if the appellant is released on bail, there would be danger to his life. Hence he
objected to release the appellant on bail.
7.Considering the above facts and circumstances and also the fact that the
co-accused were arrested and thereafer released on bail by the trail Court and also
considering the period of incarceration, this Court is inclined to allow the Criminal
Appeal by setting aside the order dated 25.10.2023 passed in Crl.M.P.No.3167 of
2023 on the file of the III Additional District and Sessions Court (PCR), Madurai.
8. Accordingly, this Criminal Appeal is allowed and the order dated
25.10.2023 passed in Crl.M.P.No.3167 of 2023 on the file of the III Additional
District and Sessions Court (PCR), Madurai, 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 for a like sum to the satisfaction of the
III Additional District and Sessions Court (PCR), Madurai and on further conditions
that:
(a) the sureties shall affix their photographs and Left Thumb Impression in
the surety bond and the III Additional District and Sessions Court (PCR), Madurai,
may obtain a copy of their valid identity card to ensure their identity.
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(b) the appellant shall appear before the respondent police daily at 10.30
am and 5.30 p.m., until further orders.
(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 [(2005) AIR SCW 5560].
(f) If the accused thereafter absconds, a fresh FIR can be registered under
Section 229-A IPC.
30.11.2023
Index : Yes/No
Internet : Yes/No
tta
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To
1.III Additional District and Sessions Court (PCR), Madurai.
2.The Deputy Superintendent of Police,
Samayanallur Sub Division,
Madurai District.
3.The Inspector of Police,
Samayanallur Police Station,
Madurai District.
4.The Superintendant,
Central Prison,
Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.VADAMALAI, J
tta
30.11.2023
https://www.mhc.tn.gov.in/judis
