Madras High Court
Immanuvel vs State Through on 3 October, 2023
Crl. A.(MD)No.916 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 18.10.2023
Pronounced on : 10.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
Crl. A.(MD)No.916 of 2023
Immanuvel ... Appellant
Vs.
1.State through,
The Deputy superintendent of Police,
Sivakasi Sub-Division,
Virudhunagar District.
2.The State Rep. by its
The Inspector of Police,
Thiruthangal Police Station,
Virudhunagar District.
3.Dayalan Parnabash,
The Chairman,
C.S.I, Mentally Disabled School,
Satchiapuram,
Sivakasi,
Virudhunagar District. .. Respondents
1/7
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Crl. A.(MD)No.916 of 2023
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of SC/ST (POA) Act,
1989 as Amended by Act 1 of 2016, to set aside the order of the learned Special
Court for trial of SC/ST (POA) Act Cases, (FAC), Virudhunagar District at
Srivilliputhur in Cr.M.P.No.3247 of 2023 dated 03.10.2023 and enlarge the
petitioner/appellant/sole accused on bail in Crime No.303 of 2023 on the file of the
first respondent police.
For Appellants : Mr.M.Jagadeesh Pandian
For R1 and R2 : Mr.B.Nambiselvan
Additional Public Prosecutor
For R3 : No Appearance
********
JUDGMENT
This Criminal Appeal has been filed to set aside the order of the learned
Special Court for trial of SC/ST (POA) Act Cases, (FAC), Virudhunagar District at
Srivilliputhur in Cr.M.P.No.3247 of 2023 dated 03.10.2023 and enlarge the
petitioner/appellant/sole accused on bail in Crime No.303 of 2023 on the file of the
second respondent police.
2. According to the prosecution the appellant said to have committed the
offence punishable under Sections 323, 506(i) of IPC and Sections 3(1)(r), 3(1)(j),
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Crl. A.(MD)No.916 of 2023
3(2)(va) of SC/ST (POA) Amendment Act, 2016 and Section 75 of Juvenile Justice
(Care and Protection of Children) Act, 2015 and Section 67 of Information
Technology Act, 2000.
3. The case of the prosecution is that on 14.09.2023 the appellant, who is
working as Teacher in the third respondent's school had insisted three special
children to clean the toilet in the school and also assaulted them and further he took
video graph of the cleaning process and also published in the social media.
4.The learned counsel for the appellant would submit that the case of the
prosecution is entirely false and the case is a foisted one against the appellant and he
has not committed any offence as alleged by the prosecution. He would further
submit that due to previous enmity between the appellant and the defacto
complainant, the present complaint has been given against the appellant. He would
further submit that the appellant was arrested and remanded to judicial custody on
14.09.2023 and he is in judicial custody for more than 35 days. 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.916 of 2023
5. The learned Additional Public Prosecutor appearing for the first and
second respondents would submit that the appellant insisted three special children to
clean the toilet in the school and he took video graph of the cleaning process and
also published in the social media. He further submitted that the appellant attacked
one of the children and caused simple injuries and also submitted that no previous
case is pending against the appellant and the investigation is almost over.
6. Considering the above facts and circumstances, considering the period
of incarceration and also the fact that no previous case is pending against the
appellant, this Court is inclined to allow the Criminal Appeal by setting aside the
order, dated 03.10.2023 passed in Cr.M.P.Nos.3247 of 2023 on the file of the learned
Special Court for trial of SC/ST (POA) Act Cases, (FAC), Virudhunagar District at
Srivilliputhur.
7. Accordingly, this Criminal Appeal is allowed and the order dated
03.10.2023 passed in Cr.M.P.No.3247 of 2023 on the file of the learned Special
Court for trial of SC/ST (POA) Act Cases, (FAC), 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)
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Crl. A.(MD)No.916 of 2023
with two sureties, each for a like sum to the satisfaction of the learned Special Court
for trial of SC/ST (POA) Act Cases, (FAC), 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, (FAC),
Virudhunagar District at Srivilliputhur, may obtain a copy of their valid identity card
to ensure their identity.
(b) the appellant shall stay at Salem and report before the Annadhanapatti
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 either during
investigation or trial.
(d) the appellant shall co-operate with 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 by the Trial Court himself as laid down by the
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Crl. A.(MD)No.916 of 2023
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
Index : Yes/No
Internet : Yes/No
tta
To
1.Special Court for trial of SC/ST (POA) Act Cases, (FAC), Virudhunagar District
at Srivilliputhur.
2. The Deputy superintendent of Police,
Sivakasi Sub-Division,
Virudhunagar District.
3.The State Rep. by its
The Inspector of Police,
Thiruthangal Police Station,
Virudhunagar District.
4.The Superintendant,
District Prison,
Virudhunagar.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.916 of 2023
P.VADAMALAI, J
tta
Crl. A.(MD)No.916 of 2023
.10.2023
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