Madras High Court
Suresh @ Sureshkumar @ Sunnambu vs The Deputy Superintendent Of ... on 21 September, 2023
CRL.A(MD).No. 807 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 21.09.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.A(MD).No.807 of 2023
Suresh @ Sureshkumar @ Sunnambu
: Petitioner/Accused No.2
Vs.
1.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai District.
2.The Inspector of Police,
Thiruppalai Police Station,
Madurai District.
In Crime No.76 of 2022 : Respondents 1&2/Complainant
3.Chithiravelu : 3rd Respondent/Complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, to call for the records pertaining to the order dated
27.07.2023 made in Crl.M.P.No.2167 of 2023 on the file of the learned III
Additional District and Sessions Judge(PCR), Madurai, and to set aside the
same and enlarge the appellant on bail in connection with the Crime No.76
of 2022 on the file of the respondent police by allowing this Criminal
Appeal.
1/8
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CRL.A(MD).No. 807 of 2023
For Appellant : Mr.S.Arokiya Selva Ramesh
For R1 & R2 : Mr.M.Muthumanikkam
Government Advocate (Criminal Side)
For R3 : Mr.J.Alexander
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned order
passed in Crl.M.P.No.2167 of 2023 dated 27.07.2023, on the file of the
III Additional District and Sessions Judge (PCR), Madurai, and enlarge the
appellant on bail in connection with Crime No.76 of 2022, 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 302, 115 of
IPC r/w 3(2)(v) of SC/ST Act.
2.2. According to the prosecution, the defacto complainant's son
namely, Muruganantham was died in the mysterious circumstance on
19.04.2022 and the same was informed to the defacto complainant by his
relative on 20.04.2022. Thereafter, a complaint was made before the
respondent police. The respondent police registered a case in Crime No.76
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CRL.A(MD).No. 807 of 2023
of 2022 for the offences under Sections 302, 115 of IPC r/w 3(2)(v) of
SC/ST Act. Subsequently, the Investigation Officer arrested the appellant
and other two accused. The appellant was arrayed as A2 in this case and he
was inside the jail from 22.04.2022 onwards. Hence, he filed a petition in
Crl.M.P.No.2167 of 2023 before the III Additional District and Sessions
Judge (PCR), Madurai, and the same was dismissed by the impugned order
dated 27.07.2023 on the grounds that the offence committed by the
appellant was heinous in nature, his earlier bail petition was dismissed and
there was no change of circumstances. Challenging the same, the appellant
has preferred this Criminal appeal.
3. The learned counsel for the appellant submitted that in the FIR,
there was no allegation against the appellant. The occurrence took place on
19.04.2022, in the midnight and the same was informed to the defacto
complainant by one of the relative next day of the occurrence. As on date,
available evidence is the circumstances evidence only. The circumstances
evidence is not sufficient enough to frame the charge against the appellant.
He further submitted that the investigation was completed and final report
was also filed and the same was taken on file in Spl.S.C.No.118 of 2020.
Further, the appellant was inside the jail from 22.04.2022 onwards. Under
the said circumstance, he seeks to grant bail to the appellant.
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CRL.A(MD).No. 807 of 2023
4. The learned counsel for the third respondent/defacto complainant
submitted that the appellant said to have brutally assaulted the deceased.
Further, there is life threat to the witnesses and hence, he seeks for
dismissal of this appeal.
5. The learned Government Advocate (Crl.Side) on instructions,
submitted that the investigation was completed and final report was filed
before the III Additional District and Sessions Court (PCR), Madurai, and
the same was taken on file in Spl.S.C.No.118 of 2020. He further
submitted that one previous case is pending against the appellant in Crime
No.78 of 2022 for the offence under Section 392 of IPC. It was registered
on the same date of occurrence i.e., 20.04.2023. It reveals that on the same
date of occurrence, the appellant committed an another offence. In the said
case, he was granted statutory bail. Further, he reiterated the submission of
the learned counsel for the third respondent/defacto complainant that there
is life threat to the witnesses. Hence, he vehemently opposed to grant bail
to the appellant.
6. This Court considered the rival submission made by both the
parties and perused the records and the impugned order passed by the
learned trial Judge.
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CRL.A(MD).No. 807 of 2023
7. Admittedly, in this case, there is no eye witness and entire
prosecution case stands in the evidence of the video footage. In the
complaint itself, it was stated that somebody caused death to the son of the
defacto complainant. In the said circumstances, array the appellant as a
accused is to be decided in the trial. Further taking consideration of the
appellant is in custody from 22.04.2022 i.e., more than 1 year and the
investigation was completed and the available evidence is only the
circumstances evidence, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 27.07.2023, made in Crl.M.P.No.
2167 of 2023 on the file of the III Additional District and Sessions Judge
(PCR), Madurai.
9. Accordingly, the Criminal Appeal is allowed and the order, dated
27.07.2023 made in Crl.M.P.No.2167 of 2023 on the file of the III
Additional District and Sessions Judge(PCR), Madurai, 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 III Additional District
and Sessions Judge (PCR), Madurai, and on further conditions that:
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CRL.A(MD).No. 807 of 2023
(a) the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the
III Additional District and Sessions Judge (PCR),
Madurai, may obtain a copy of their valid identity card
to ensure their identity.
(b) the appellant shall stay at Trichy and report
before the cantonment Police Station, Tiruchirappalli
District, daily at 10.30 am, until further orders.
(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 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. 807 of 2023
[f] If the accused thereafter absconds, a fresh FIR
can be registered under Section 229-A IPC.
21.09.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
dss
Note : Issue order copy on 22.09.2023
To
1.The III Additional District and Sessions Judge(PCR),
Madurai.
2.The Deputy Superintendent of Police,
Oomatchikulam Sub Division,
Madurai District.
3.The Inspector of Police,
Thiruppalai Police Station,
Madurai 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.
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CRL.A(MD).No. 807 of 2023
K.K.RAMAKRISHNAN,J.
dss
Order made in
CRL.A(MD).No.807 of 2023
21.09.2023
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