Madras High Court
Jeya Muthulingam @ Muthulingam vs The Deputy Supreintendent Of ... on 12 October, 2023
Crl.A.(MD).No.876 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.A.(MD).No.876 of 2023
Jeya Muthulingam @ Muthulingam ... Appellant /
Accused No.3
Vs.
1.The Deputy Supreintendent of Police
Thoothukudi Town Division,
Thoothukudi.
2.The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi.
Crime No.618 of 2022 ... 1st & 2nd Respondents
/ Complainants
3.Radha ... 3rd Respondent /
De-facto Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, to call for
the records in Crl.M.P.No.741 of 2023 in S.C.No.23 of 2023 dated
08.08.2023 pending on the file of the learned Session Judge, Special Court
for Trial of Cases under SC/ST (POA) Act, Thoothukudi and set aside the
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Crl.A.(MD).No.876 of 2023
same and enlarge the appellant on bail in connection with Crime No.618 of
2022 on the file of the respondent police by allowing this Criminal Appeal.
For Appellant : Mr.M.Manokumar
For R1 & R2 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R3 : No Appearance
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
in Crl.M.P.No.741 of 2023 in S.C.No.23 of 2023 dated 08.08.2023 pending
on the file of the learned Session Judge, Special Court for Trial of Cases
under SC/ST (POA) Act, Thoothukudi, and enlarge the appellant on bail in
connection with Crime No.618 of 2022, on the file of the second respondent
police.
2. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148,
294(b), 324, 307, 302, 506(ii), 109, 120(b) of IPC and Section 3(1)(r),
3(1)(s), 3(2)(v) of SC/ST (PoA) Amendment Act.
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Crl.A.(MD).No.876 of 2023
3.The case of the prosecution is that on 13.11.2022 at about
04.30 pm., the appellant/Accused No.3 along with other accused had
unlawfully assembled and abused the de-facto complainant's son and her
husband by using their caste name and that during the course of the quarrel,
the appellant along with the other accused had wrongfully restrained the
de-facto complainant's son and murdered the de-facto complainant's
husband. Hence, the second respondent Police registered a case in Crime
No.618 of 2022 against the appellant and the other accused persons, for the
offences under Sections 147, 148, 294(b), 324, 307, 302, 506(ii), 109,
120(b) of IPC, Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (PoA) Amendment
Act. Hence, the appellant has filed a petition for bail in Crl.M.P.No.741 of
2023, before the learned Sessions Judge, Special Court for Trial of cases
under SC/ST (PoA) Act, and the same was dismissed on 08.08.2023.
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 to judicial custody
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Crl.A.(MD).No.876 of 2023
from 14.11.2022 in Central Jail, Palayamkottai, Tirunelveli District.
He would further submit that this Court has already granted bail to the
Accused Nos.1, 2 and 4 in Crl.A(MD)No.776 of 2023, Crl.A(MD)No.753 of
2023 and Crl.A(MD)No.382 of 2023 and hence, he seeks bail to the
appellant.
5. The learned Additional Public Prosecutor appearing for the
State would submit that in this case investigation has been completed and
final report has also been filed under Sections 294(b), 324, 307, 302,
506(2), 109, 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST
(POA) Act and the same has been taken on file in S.C.No.23 of 2023 on the
file of the Special Court for Trial of SC/ST (POA) Act Cases, Thoothukudi
He would further submit that co-accused were already granted bail by this
Court.
6. It is seen that the appellant was arrested on 14.11.2022, from
that date onwards, he is in judicial custody. Now the charge sheet has also
been filed before the Special Court for Trial of SC/ST (POA) Act Cases,
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Crl.A.(MD).No.876 of 2023
Thoothukudi District and the same has been taken on file in S.C.No.23 of
2023 and the co-accused were already granted bail by this Court.
7. Considering the above facts and circumstances and also
considering the period of incarceration, this Court is inclined to allow the
Criminal Appeal by setting aside the order, dated 08.08.2023 passed in
Crl.M.P.No.741 of 2023 on the file of the learned Sessions Judge, Special
Court for Trial of SC/ST (POA) Act cases, Thoothukudi.
8. Accordingly, this Criminal Appeal is allowed and the order
dated 08.08.2023 passed in Crl.M.P.No.741 of 2023 on the file of the
learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases,
Thoothukudi District, 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 learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act
cases, Thoothukudi, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
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Crl.A.(MD).No.876 of 2023
Impression in the surety bond and the Special Court for Trial of SC/ST
(POA) Act cases, Thoothukudi, may obtain a copy of their valid identity
card to ensure their identity.
(b) the appellant shall stay at Madurai and report before the
Thallakulam Police Station, daily at 10.30 am, until further orders, except
hearing dates.
(c) the appellant shall not tamper with evidence or witnesses.
(d) 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 Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005) AIR SCW 5560].
(e) If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
12.10.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
vsd
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Crl.A.(MD).No.876 of 2023
To
1.The Session Judge,
Special Court for Trial of Cases under SC/ST (POA) Act,
Thoothukudi.
2.The Deputy Superintendent of Police
Thoothukudi Town Division,
Thoothukudi.
3.The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi.
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.876 of 2023
P.VADAMALAI, J.
vsd
Crl.A.(MD).No.876 of 2023
12.10.2023
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