Madras High Court
Gurusamy @ Seeman vs The State Represented By on 14 September, 2023
Crl.A.(MD).No.871 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 04.10.2023
Pronounced on : 09.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.A.(MD).No.871 of 2023
Gurusamy @ Seeman ... Appellant / Accused No.2
Vs.
1.The State represented by
The Assistant Superintendent of Police,
Aruppukottai Sub Division,
Virudhunagar District. ...1st Respondent/Investigating
Officer
2.State represented by
The Inspector of Police,
Kariapatti Police Station,
Virudhunagar District.
(In Crime No.141 of 2023) ...2nd Respondent/Complainant
3.M.Ramamoorthi ...3rd Respondent/De-facto
Complainant
Page 1 of 9
https://www.mhc.tn.gov.in/judis
Crl.A.(MD).No.871 of 2023
PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC/ST
(Prevention of Atrocities) Act, 2015 as amended by Act 1 of 2016, to call for
the records pertaining to the order passed in Cr.M.P.No.3050 of 2023 on the
file of the Sessions Judge, Special Court for Trial of SC/ST (POA) Act
cases, Virudhunagar District at Srivilliputhur, dated 14.09.2023 and set
aside the same and enlarge the appellant on bail by allowing this criminal
appeal.
For Appellant : Mr.S.Ramsundarvijayraj
For R1 & R2 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R3 : Mr.P.Satheskumar
JUDGMENT
This appeal is filed to set aside the order passed in Cr.M.P.No.
3050 of 2023, dated 14.09.2023 on the file of the learned Sessions Judge,
Special Court for Trial of SC/ST (POA) Act cases, Virudhunagar District at
Srivilliputhur and enlarge the appellant on bail in connection with Crime
No.141 of 2023 on the file of the second respondent police.
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Crl.A.(MD).No.871 of 2023
2.According to the prosecution the appellant and other accused
said to have committed the offence punishable under Sections 147, 148,
294(b), 323, 324, 506(2), 302 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of
SC/ST (POA) Act.
3.The case of the prosecution is that on 27.06.2023 at about 10.00
p.m., when the de-facto complainant's father namely Mayakrishnan was
sitting in front of his house and was having food, at that time 10 persons,
who belonged to Thevar Community came there and asked him in the
following manner 'vt;tsT jpkpUe;jh ehq;fs; tUk;NghJ cl;fhh;e;J
nfhz;bUg;g” and the accused Shanmuganathan @ Sathasivam kicked the
de-facto complainant's father and assaulted on his head with wooden log
and the appellant and other accused persons said to have attacked the
de-facto complainant's father and also threatened him with dire
consequences. Due to that the de-facto complainant's father had crush
injuries on his head and was died on 30.06.2023. Hence, the de-facto
complainant lodged a complaint before the respondent police and F.I.R was
registered in Crime No.141 of 2023 against the appellant and other accused
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Crl.A.(MD).No.871 of 2023
persons for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii),
302 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act.
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 the deceased was convicted
earlier and sentenced for murdering his wife and he was in prison for 12
years and subsequently coming out from the prison and involved in sexually
harassing the village ladies, in which, he misbehaved with one lady Vasuki.
He would further submit that the appellant was arrested and remanded to
judicial custody on 03.07.2023 and he is in judicial custody for more than
93 days and the respondent police has completed the investigation and filed
charge sheet before the Special Court for Trial of SC/ST (POA) Act Cases,
Srivilliputhur. 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.871 of 2023
5.The learned Additional Public Prosecutor appearing for the first
and second respondents would submit that totally there are seven accused in
this case and investigation has been completed and final report has also
been filed under Sections 147, 148, 149, 114, 294(b), 323, 302, 506(2) of
IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of SC/ST (POA) Act
before the Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur
on 01.09.2023 by deleting one of the accused namely Sathish and final
report has yet to be taken on file. He would further submit that due to this
occurrence, tension prevailed in the said village and he raised objection to
allow this appeal.
6.The learned counsel for the third respondent/de-facto
complainant would submit that only 15 families belonged to the de-facto
complainant are residing in the said village and more than 150 families of
accused's community are residing in the said village and if the accused
person is released on bail, he will threaten the witnesses and also tamper the
evidence. Hence, he seeks to dismiss the appeal.
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Crl.A.(MD).No.871 of 2023
7.It is seen that the appellant was arrested and remanded to
judicial custody on 03.07.2023 and he is in judicial custody for more than
95 days and the investigation has been completed and the charge sheet has
also been filed before the Special Court for Trial of SC/ST (POA) Act
Cases, Srivilliputhur on 01.09.2023 itself.
8.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 14.09.2023 passed in
Cr.M.P.No.3050 of 2023 on the file of the learned Sessions Judge, Special
Court for Trial of SC/ST (POA) Act cases, Virudhunagar District at
Srivilliputhur.
9. Accordingly, the Criminal Appeal is allowed and the order
dated 14.09.2023 passed in Cr.M.P.No.3050 of 2023 on the file of the
learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act cases,
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/-
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Crl.A.(MD).No.871 of 2023
(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, 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, Virudhunagar District at Srivilliputhur, 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 Town North Police Station, daily at 10.30 am, for a period of 30
days and thereafter they shall appear before the respondent police 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].
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Crl.A.(MD).No.871 of 2023
(e) If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
09.10.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
vsd
To
1.The Sessions Judge,
Special Court for Trial of SC/ST (POA) Act cases,
Virudhunagar District at Srivilliputhur.
2.The Assistant Superintendent of Police,
Aruppukottai Sub Division,
Virudhunagar District. .
3.The Inspector of Police,
Kariapatti Police Station,
Virudhunagar 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.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD).No.871 of 2023
P.VADAMALAI, J.
vsd
Pre - Delivery Order made in
Crl.A.(MD).No.871 of 2023
09.10.2023
https://www.mhc.tn.gov.in/judis
