Madras High Court
Pamayan @ Nallathambi vs The Deputy Supreintendent Of ... on 15 September, 2023
Crl.A.(MD).No.793 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.793 of 2023
1.Pamayan @ Nallathambi
2.Thangapandi
3.Saravanan
... Appellants
Vs.
1.The Deputy Supreintendent of Police
Rural Sub-Division in Pudur Police Station,
Thoothukudi District.
(Crime No.34 of 2023)
... Respondent
/ Complainant
2.Praveen ...2ndRespondent/
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 relating to the order in Cr.M.P.No.774 of 2023 dated 21.08.2023,
on the file of the learned Special Court for Trial of Cases Registered Under
SC/ST (POA) Act 1989, Thoothukudi and set aside the same and grant bail
to the appellant by allowing this Criminal Appeal.
Page 1 of 9
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Crl.A.(MD).No.793 of 2023
For Appellant : Mr.M.Gangatharan
For Respondents : Mr.M.Muthumanikkam
Government Advocate (Crl.Side)
For R1
:Mr.V.Malaiyendran for R2
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned
order passed in Crl.M.P.No.774 of 2023 dated 21.08.2023, on the file of the
learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA)
Act, Thoothukudi, and enlarge the appellant on bail in connection with
Crime No.34 of 2023, on the file of the second respondent police.
2.1. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148, 341,
294(b), 323, 324 of IPC, Section 3(1)(r), 3(1)(s) of SC/ST (PoA) Act 1989.
2.2. According to the prosecution, on 28.07.2023, at about
05.00p.m., Pudur to Paralatchi road, nearby, Krishna Gas Godown, when the
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Crl.A.(MD).No.793 of 2023
defacto complainant went to receive the money for driving JCB, one
Kannan called him and saying that there was a problem at Anbu Mess and
asked him to come there, and the defacto complainant went there, and at
Anbu Mess when Kannan, Mareeswaran and the defacto complainant were
talking about the problem, the appellants/accused and other accused were
assembled unlawfully and scolded them with filthy language by using their
caste name and assaulted them with sticks and stones, thereby caused
injuries to them. Hence, the respondent Police registered a case in Crime
No.34 of 2023 against the appellants, for the offences under Sections 147,
148, 341, 294(b), 323, 324 of IPC, Section 3(1)(r), 3(1)(s) of SC/ST (PoA)
Act 1989. Hence, the appellants have filed a petition for bail in Cr.M.P.No.
774 of 2023, before the learned Sessions Judge, Special Court for Trial of
cases under SC/ST (PoA) Act, and the same was dismissed on 21.08.2023.
Challenging the same, the appellant has preferred this Criminal appeal.
3. The learned counsel for the appellant would submit that
the appellants were falsely implicated in this case and the same has not been
considered properly. The defacto complainant had suppressed the truth and
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Crl.A.(MD).No.793 of 2023
given a false narration, which is unacceptable. Further, it is a case and
counter and the defacto-complainant and his men are aggressors. The
appellants were arrested and remanded to the judicial custody from
31.07.2023. Under the said circumstance, he seeks bail.
4. The learned Government Advocate (Criminal Side) appearing
for the State would submit that if the appellants/accused are released on
bail, they will indulge in such offences; there is every chance of threatening
and intimidating the witnesses; tampering with the investigation of the case,
since the investigation has not been completed, as both parties are living in
the same town, there is some dispute arose between two groups of people.
Further he would submit that the injured persons are still taking treatment.
Considering the seriousness of the offence, he seeks dismissal.
5. The learned counsel for the defacto complainant reiterated the
above submission and stated that all the accused have attacked the defacto
complainant brutally with sticks and stones. Till date there is a threat to the
witnesses. Therefore, he seeks for dismissal of the bail petition.
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Crl.A.(MD).No.793 of 2023
6. This Court considered the rival submissions made on either
side and perused the materials available on record.
7. Admittedly, there is an altercation between the appellants as
well as the defacto complainant. Hence, a counter case has been registered.
According to the prosecution, the investigation is almost completed. The
appellants are confined at Sub-Jail, Thoothukudi, from 31.07.2023 onwards.
Considering the period of incarceration, this Court is inclined to allow the
Criminal Appeal by setting aside the order, dated 21.08.2023 made in
Cr.M.P.No.774 of 2023 on the file of the learned Sessions Judge, Special
Court for Trial of Cases Registered Under SC/ST (PoA) Act 1989,
Thoothukudi.
8. Accordingly, the Criminal Appeal is allowed and the order
dated 21.08.2023 made in Cr.M.P.No.774 of 2023 on the file of the learned
Sessions Judge, Special Court for Trial of Cases Registered under SC/ST
(PoA) Act 1989, Thoothukudi is set aside. The appellant is ordered to be
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Crl.A.(MD).No.793 of 2023
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 Cases Registered under SC/ST
(PoA) Act 1989, Thoothukudi, 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 Cases
Registered under SC/ST (PoA) Act 1989, Thoothukudi, may obtain a copy
of their valid identity card to ensure their identity.
(b) the appellant shall stay at Aruppukottai and report before the
Aruppukottai Police Station, daily at 10.30 am, until the completion of the
investigation.
(c) the appellant shall not tamper with evidence or witness either
during investigation or trial.
(d) the appellant shall co-operate with the investigation.
(e) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
appellants in accordance with law as if the conditions have been imposed
and the appellant released on bail by the learned Magistrate/Trial Court
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Crl.A.(MD).No.793 of 2023
himself as 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.
15.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
sbn
Note: Issue order copy on 15.08.2023
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Crl.A.(MD).No.793 of 2023
To
1.The Special Court for Trial of Cases
Registered under SC/ST (PoA) Act 1989, Thoothukudi.
2.The Deputy Supreintendent of Police
Rural Sub-Division in Pudur Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
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Crl.A.(MD).No.793 of 2023
K.K.RAMAKRISHNAN, J.
sbn
Crl.A.(MD).No.793 of 2023
15.09.2023
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