Madras High Court
Nandhakumar vs The Deputy Superintendent Of ... on 3 October, 2023
Crl.A.(MD).No.927 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 19.10.2023
Pronounced on : .10.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.A.(MD).No.927 of 2023
Nandhakumar ... Appellant / Accused
Vs.
1.The Deputy Superintendent of Police,
Pudukkottai,
Pudukkottai District.
2.The Inspector of Police,
Alangudi All Women Police Station,
Pudukkottai District.
(Crime No.2 of 2023) ... 1st & 2nd Respondents / Complainants
3.Vinothini ... 3rd Respondent / De-facto Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Amendment Act, 2015 to call for the records
pertaining to the impugned order in Cr.M.P.No.1631 of 2023 dated
03.10.2023 on the file of the Special Court for Trial of SC/ST Act Cases,
Pudukkottai and enlarge the appellant on bail by allowing this Criminal
Appeal.
Page 1 of 7
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Crl.A.(MD).No.927 of 2023
For Appellant : Ms.A.Arul Jenifer
For R1 & R2 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R3 : Ms.Vinothini (Party in Person)
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
in Cr.M.P.No.1631 of 2023 dated 03.10.2023 on the file of the Special Court
for Trial of SC/ST Act Cases, Pudukkottai and enlarge the appellant on bail.
2. According to the prosecution, the appellant said to have
committed the offences under Sections 294(b), 417, 376 (i) of IPC r/w
Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC/ST (POA) Act.
3.The case of the prosecution is that the appellant and de-facto
complainant loved each other and on the pretext of marriage, they had
sexual relationship and later the appellant cheated the de-facto complainant
and avoid to speak with her. When the same was questioned by the de-facto
complainant, the appellant scolded her in filthy language by using their
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Crl.A.(MD).No.927 of 2023
caste name. Hence, the de-facto complainant lodged a complaint before the
respondent police and the case has been registered in Crime No.2 of 2023
against the appellant for the offences under Sections 294(b), 417, 376(i) of
IPC r/w Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC/ST (POA) Act.
Therefore, the appellant has filed a petition for bail in Cr.M.P.No.1631 of
2023, before the learned Special Sessions Judge (FAC), Special Court for
Trial of cases under SC/ST (PoA) Act, Pudukkottai and the same was
dismissed on 03.10.2023. 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.
The appellant was arrested and remanded on 26.08.2023 and he is in
judicial custody from 26.08.2023 in District Prison, Pudukkottai. 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 and hence he seeks to grant bail to the appellant.
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Crl.A.(MD).No.927 of 2023
5. The learned Additional Public Prosecutor appearing for the
State would submit that in this case investigation has been completed and
final report is ready and going to be filed, if the appellant is ordered to be
released on bail, stringent conditions may be imposed.
6.The third respondent/de-facto complainant appeared in person
and objected to release the appellant on bail.
7.Considering the above facts and circumstances and also
considering the fact that the de-facto complainant is an Engineering
graduate and it is a case of love affair and also considering the period of
incarceration, this Court is inclined to allow the Criminal Appeal by setting
aside the order dated 03.10.2023 passed in Cr.M.P.No.1631 of 2023 on the
file of the Special Court for Trial of SC/ST Act Cases, Pudukkottai.
8. Accordingly, this Criminal Appeal is allowed and the order
dated 03.10.2023 passed in Cr.M.P.No.1631 of 2023 on the file of the
Special Court for Trial of SC/ST Act Cases, Pudukkottai, is set aside. The
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Crl.A.(MD).No.927 of 2023
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 Special Court for Trial of SC/ST
(POA) Act cases, Pudukkottai, 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, Pudukkottai, may obtain a copy of their valid identity card
to ensure their identity.
(b) the appellant shall stay at Dindigul and report before the
Dindigul North Town Police Station, daily at 10.30 am 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
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Crl.A.(MD).No.927 of 2023
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.
.10.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
vsd
To
1.The Special Court for Trial of SC/ST Act Cases,
Pudukkottai.
2.The Deputy Superintendent of Police,
Pudukkottai,
Pudukkottai District.
3.The Inspector of Police,
Alangudi All Women Police Station,
Pudukkottai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD).No.927 of 2023
P.VADAMALAI, J.
vsd
Crl.A.(MD).No.927 of 2023
.10.2023
https://www.mhc.tn.gov.in/judis
