Madras High Court

Veeramani vs State on 18 October, 2023

                                                                                  Crl.A.No.1097 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 18.10.2023

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.A.No.1097 of 2023

                     Veeramani,
                     S/o.Elangovan                                        ... Appellant
                                                           Vs.
                     1.State, represented by
                       The Deputy Superintendent of Police,
                       O/o.The Deputy Superintendent of Police,
                       Mayiladuthurai, Mayiladuthurai District.

                     2.Inspector of Police,
                       Sembanarkovil Police Station,
                       Myladuthurai District.
                       (Crime No.76/2023).

                     3.Kalaiselvi                                         ... Respondents

                     PRAYER: Criminal Appeal is filed under Section 14(A) of Scheduled
                     Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to set
                     aside the order in Crl.M.P.No.2924 of 2023 dated 19.09.2023 passed by
                     the learned District and Sessions Judge, Nagapattinam and enlarge the
                     appellant on bail in connection with Crime No.76 of 2023 on the file of
                     the Respondent Police and pending investigation.

                                  For appellant   :     Mr.Ilayaraja Kandasamy
                                  For R1 & R2     :     Mr.A.Damodaran,
                                                        Additional Public Prosecutor
                                  For R3          :     Mr.M.Machavatharan
                                                         *****

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                                                                                        Crl.A.No.1097 of 2023




                                                       JUDGMENT

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

Crl.M.P.No.2924 of 2023 dated 19.09.2023 passed by the learned

District and Sessions Judge, Nagapattinam and enlarge the appellant on

bail in connection with Crime No.76 of 2023 on the file of the 2nd

respondent Police and pending investigation.

2.The appellant is an accused in Crime No.76 of 2023 for offence

under Sections 294(b), 323 of IPC and Sections 3(1)(r), 3(1)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989.

3.The gist of the case is that the 3 rd respondent/defacto complainant

borrowed a sum of Rs.10,000/- as advance one year prior from the

appellant for the purpose of brick line work. The appellant herein was

demanding back the amount from the 3rd respondent whenever he saw her

despite she completed her work. This being so, on 18.02.2023, at about

11.00 p.m., the appellant came to the 3rd respondent's house and

demanded the money, at that time, the 3rd respondent informed that she

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will handover the money on the next day. Not hearing the same, the

appellant called the 3rd respondent using her caste name and pushed her

down. When the 3rd respondent's husband came to rescue, he was also

beaten with the stick. Thereafter, the 3rd respondent's daughter took the

3rd respondent to Government Hospital, Mayiladuthurai where the

complaint was lodged to the 2nd respondent Police and the above case was

registered.

4.The contention of the appellant is that it is admitted case of the

3rd respondent that she received a sum of Rs.10,000/- one year back for

cutting bricks. This job was not completed and she had to return back

the amount which was demanded by the appellant. To somehow escape

from the liability of repayment, the appellant falsely implicated in this

case. The appellant had never used any abusive words calling upon her

caste name and social status of the 3 rd respondent is very much known

and they are known to each other for a very long time. Now taking

advantage of the social status, a false case has been registered against the

appellant. He further submitted that there is no need for the 3 rd

respondent to go on the particular day at that point of time demanding

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money when the admitted case is that the money has been given almost a

year back. There is no material in this case for usage of abusive words in

a public view and thereby, the 3rd respondent got insulted. He further

submitted that the appellant voluntarily surrendered before the Court

below on 07.08.2023 on coming to know about the registration of the

case against him. In this case, the investigation completed and charge

sheet filed and taken on file as Special S.C.No.23 of 2023. Hence, sought

for bail.

5.The learned Additional Public Prosecutor appearing for the

respondents 1 and 2 submitted that on the complaint of the 3rd respondent

a case in Crime No.76 of 2023 for offence under Sections 294(b), 323 of

IPC and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Amendment Act, 2015 registered. The

investigating officer took up the investigation, examined the 3rd

respondent, her husband and daughter (LW3 and LW4) and thereafter, in

presence of the witnesses, Observation Mahazar and Rough Sketch

prepared, examined the witnesses in the scene of occurrence, recorded the

statement, collected materials and charge sheet filed before the trial Court

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in Special S.C.No.23 of 2023. In this case, there are totally 12 witnesses

and the trial itself can be completed within a short period. He fairly

submitted that the appellant voluntarily surrendered before the Court

below and he is in custody from 07.08.2023.

6.The learned counsel for the 3rd respondent/defacto complainant

submitted that the appellant and the 3rd respondent are residing in the

same village. The presence of the appellant would only deter the other

witnesses to move freely and to depose before the trial Court. Hence, he

sought some condition to be imposed.

7.Considering the submissions and on perusal of the materials, it is

seen that the occurrence had taken place on 18.02.2023, FIR registered

after five day on 23.02.2023, thereafter, investigation completed on

16.05.2023 and charge sheet filed and the same taken on file as Special

S.C.No.23 of 2023. The appellant and the 3 rd respondent are known to

each other for quite some time. The admitted case is that one year prior

to the occurrence, the 3rd respondent received Rs.10,000/- from the

appellant and there is some dispute with regard to quantum of work done

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and the amount have to be repaid or not. Further, the appellant and the

3rd respondent are residing in the same village in harmony during all these

days. In view of the same, the objection raised by the learned counsel for

the 3rd respondent is unfound.

8.Finding that the investigation completed and charge sheet filed

and the appellant is in prison from 07.08.2023, this Court is inclined to

grant bail to the appellant subject to the following conditions.

(i)The appellant shall execute a bond for a sum of Rs.5,000/- (Rupees five thousand only) within a period of 15 working days from the date of receipt of a copy of this order with two sureties each for a like sum to the satisfaction of the learned District and Sessions Judge, Nagapattinam failing which, the Criminal Appeal for bail shall stand dismissed and on further condition that;

(ii)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(iii)the appellant shall appear before the trial Court on all hearing dates without fail.

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(iv)The appellant shall not give any inconvenience or trouble knowingly or unknowingly to the 3rd respondent, failing which, the bail shall be cancelled without any further reference.

(v)the appellant shall not commit any offences of similar nature;

(vi)the appellant shall not abscond either during investigation or trial;

(vii)the appellant shall not tamper with evidence or witness either during investigation or trial;

(viii)on breach of any of the aforesaid conditions, the learned Judicial Magistrate/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];

(ix)if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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9.In view of the above, the order, dated 19.09.2023, made in

Crl.M.P.No.2924 of 2023 is set-aside and the Criminal Appeal is,

accordingly, allowed.

18.10.2023 Index: Yes/No Internet: Yes/No vv2

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

2.The Inspector of Police, Sembanarkovil Police Station, Myladuthurai District.

3.The District and Sessions Court, Nagapattinam.

4.The Central Prison, Cuddalore.

5.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.