Madras High Court
Gunasekaran @ Gunasekar vs The Deputy Superintendent Of Police on 10 April, 2024
Crl.A.(MD).No.267 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.04.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.267 of 2024
Gunasekaran @ Gunasekar ... Appellant /Sole Accused
Vs.
1.The Deputy Superintendent of Police,
Dindigul Rural Sub-Division,
Dindigul District.
2.State by
The Inspector of Police,
Chinnalapatti Police Station,
Dindigul District.
(Crime No.31 of 2024) ... Respondents 1 & 2
/ Complainants
3.Murugeswari ... 3rd Respondent /
De-facto Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Act, 2015, to call for the entire records pertaining
to the order passed by the Special Court for Trial of Cases under
SC/ST(PoA) Act, Dindigul in Cr.M.P.No.468 of 2024, vide order dated
Page 1 of 10
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Crl.A.(MD).No.267 of 2024
22.03.2024 and set aside the same and consequently release the appellant on
bail in connection with the Crime No.31 of 2024 pending on the file of the
second respondent.
For Appellant : Mr.R.Anand
For Respondents : Mr.M.Muthumanikkam
Government Advocate (Crl.Side)
For R1 & R2
:Mr.P.Krishnaveni for R3
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned
order passed in Cr.M.P.No.468 of 2024, vide order dated 22.03.2024, on the
file of the learned Sessions Judge, Special Court for Trial of Cases under
SC/ST(PoA) Act, Dindigul, and enlarge the appellant on bail in connection
with Crime No.31 of 2024, on the file of the second respondent Police.
2.1. According to the prosecution, the appellant is said to have
committed the offences under Sections 294(b), 323, 506(ii) of IPC r/w.
Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, r/w.
Sections 3(1)(s), 3(1)(w)(i) of SC/ST (PoA) Amendment Act 2015.
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2.2. According to the prosecution, the appellant is the sole
accused in Crime No.31 of 2024. The defacto complainant is a practising
Advocate and her senior is brother-in-law of the accused/appellant. The
petitioner is said to have abused the defacto complainant and also criminally
intimidated through voice message. Hence, she made a complaint before the
second respondent Police. Thereby, the second respondent Police registered
a case as against the appellant/accused in Crime No.31 of 2024 for the
offence punishable under Sections 294(b), 323, 506(ii) of IPC r/w. Section 4
of Tamil Nadu Prohibition of Harassment of Women Act, r/w. Sections 3(1)
(s), 3(1)(w)(i) of SC/ST (PoA) Amendment Act 2015. Thereby, the
appellant/accused was arrested. After his arrest, the second respondent
Police sought custody of the appellant and the same was allowed by the
concerned Court and incriminating materials were also collected. Thereafter,
the appellant filed a petition for bail before the Special Court for Trial of
Cases under SC/ST (PoA) Act, Dindigul, in Cr.M.P.No.468 of 2024. The
learned Special Judge, dismissed the said bail application, stating that the
investigation is at preliminary stage. Challenging the same, the appellant
has preferred this Criminal appeal.
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3. The learned counsel for the appellant would submit that
the appellant is not involved in the alleged occurrence stated in the
complaint made by the third respondent/defacto complainant. Further, there
was some dispute between the appellant and the defacto complainant
regarding filing of M.C.O.P.No.338 of 2024. Further, it was submitted that
even though there had been some dispute between the appellant and the
defacto complainant, this Court may consider this petition taking into
account the incarceration suffered by the appellant and further, the appellant
will not abscond and he will not tamper the prosecution witnesses, if he
comes out on bail. Under the said circumstance, he seeks bail to the
appellant.
4. The defacto complainant is present before this Court in person
and appeared through video call along with her counsel and she stated that
the appellant abused her by filthy language using her caste name and
threatened her through voice message. She made a request before this Court
to hear the said audio message, which was sent by the appellant to the
defacto complainant. If the appellant is released on bail, there is every
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possibility of threat to the defacto complainant's life. Hence, she seeks to
dismiss this appeal.
5. The learned Government Advocate (Criminal Side) appearing
for the State would submit that investigation is almost completed and there
is no previous case pending against the appellant/accused.
6. This Court considered the rival submissions made on either side
and perused the materials available on record.
7. From the rival submission made on either side and the
averment in the FIR, it is learnt that the defacto complainant is a “practising
advocate”. The appellant is her senior's brother-in-law. On 01.03.2024, he
sent a voice message to her cellphone with abusive words and criminally
intimidated her. Hence, the defacto complainant made a complaint before
the second respondent Police. The second respondent Police registered the
case and arrested the appellant/accused on 04.03.2024 and the Police
custody was ordered and incriminating materials also were recovered. Now,
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the investigation is almost completed and awaiting the FSL report. Further,
there is no previous case pending against the appellant. Apart from that, the
appellant is in incarceration in Central Prison, Madurai from 04.03.2024.
Considering the above facts and circumstances and the period of
incarceration and the stage of the investigation and also the fact that the
appellant has no previous antecedents and no case of communal tension is
pleaded by the prosecution, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 22.03.2024 made in Cr.M.P.No.468
of 2024 on the file of the learned Sessions Judge, Special Court for Trial of
Cases registered Under SC/ST (PoA) Act, Dindigul.
8. Accordingly, the Criminal Appeal is allowed and the order
dated 22.03.2024 made in Cr.M.P.No.468 of 2024 on the file of the learned
Sessions Judge, Special Court for Trial of Cases Registered under SC/ST
(PoA) Act, Dindigul 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, for a like sum to the satisfaction of the
Special Court for Trial of Cases Registered under SC/ST (PoA) Act,
Dindigul, and on further conditions that:
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(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, Dindigul, may obtain a copy of
their valid identity card to ensure their identity.
(b) the appellant shall report before the Inspector of Police,
Virudhunagar West Police Station, Virudhunagar, daily at 10.30 am,
until further orders.
(c) the appellant shall not tamper with evidence or the witnesses
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
appellant in accordance with law as if the appellant was released on bail and
conditions were imposed by the learned Magistrate/Trial Judge himself as
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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.
10.04.2024
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
Indu
Note:Issue Order Copy on 12.04.2024.
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To
1.The Special Court for Trial of Cases
Registered under SC/ST (PoA) Act 1989, Dindigul.
2.The Deputy Superintendent of Police,
Dindigul Rural Sub-Division,
Dindigul District.
3.The Inspector of Police,
Chinnalapatti Police Station,
Dindigul District.
4.The Prisoner,
Central Prison, Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
6.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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K.K.RAMAKRISHNAN, J.
Indu
10.04.2024
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