Shanmugam @ Shanmugapriyan vs State Rep. By Its
2024 Latest Caselaw 7743 Mad

Citation : 2024 Latest Caselaw 7743 Mad
Judgement Date : 17 April, 2024

Madras High Court

Shanmugam @ Shanmugapriyan vs State Rep. By Its on 17 April, 2024

                                                                         CRL.A(MD).No.318 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              Dated : 17.04.2024

                                                   CORAM

                           THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                          CRL.A(MD).No.318 of 2024


                    Shanmugam @ Shanmugapriyan                 ...Appellant/Accused

                                                         Vs.

                    1.State rep. by its,
                      Deputy Superintendent of Police,
                      Sivagangai Sub- Division,
                      Sivagangai Taluk Police Station,
                      Sivagangai District.

                    2.Nathiya                                  ... Respondents 1 & 2/
                                                                  complainants
                    3.Pandiselvam

                    4.Rasu

                    5.Packiaraj

                    6.Theerthampal                         ...Respondents 3 to 6/Victims/
                                                                     Defacto Complainant

                    Prayer : This Criminal Appeal is filed under Section 14 A (2) of SC/ST
                    (POA) Act 1989 as amended by Act 2015, to set a side the order passed in
                    the bail application in Crl.M.P.No.782 of 2024 by the Special Court for
                    Exclusive Trial of Cases under SC/ST (POA) Act, Sivagangai District in


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                                                                              CRL.A(MD).No.318 of 2024


                    Crime No.43 of 2024 on the file of the first respondent police and enlarge
                    the appellant on bail.


                                    For Appellant      : Mr.T.Balakrishnan
                                    For R1              : Mr.Sivakumar
                                                          Government Advocate(Crl.Side)

                                                       JUDGMENT

This appeal is filed to set aside the order made in Cr.M.P.No.782 of

2024 on the file of the Hon'ble Special Court for Exclusive Trial of Cases

under SC/ST (POA) Act 1989, Sivagangai and enlarge the appellant on

bail.

2.The appellant is the accused, in Crime No.43 of 2024 on the file of

the respondent Police. He is said to have committed alleged offences under

Sections 294(b), 324, 506(ii) and 427 of IPC and Section 4 of TNPHW and

Section 3(1)(r), 3 (1) (s) and 3(1)(v) of SC/ST (POA), Act, 1989.

3.The case of the prosecution

The injured Pandiselvam belongs to Scheduled Caste

Community and he is residing in the Kovanoor Colony and the appellant is

residing in the Kovanoor Village. The defacto complainant is wife of the

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said Pandiselvam. Two years prior to the occurrence ie., on 05.02.2024, the

injured Pandiselvam diverted the drinking water main tube into his

residence and therefore, the appellant questioned the same. Immediately,

the injured informed the same to the president of the said Panchayat. The

Panchayat president warned the appellant. Taking the said incident in his

mind, the appellant and others on 05.02.2024, at 08.30 p.m., assaulted the

injured and caused injuries and also damaged house hold articles of the

defacto complainant. In the said occurrence, the injured sustained injuries

and hence, they were admitted in the hospital and the statement was

obtained from the defacto complainant and the respondent Police

registered the case for the above stated offences. The respondent Police

arrested the appellant on 06.02.2024 and continued the investigation.

3.1.The appellant filed the bail petition in Cr.M.P.No.782 of 2024

before the Special Court for Exclusive Trial of Cases under SC/ST (POA)

Act, 1989, Sivagangai and the same was dismissed on 03.04.2024.

challenging the same, the present appeal is filed under Section 14 A (2) of

SC/ST (POA) Amendment Act, 2015.

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4.The learned counsel for the appellant submitted that the appellant

is never involved in the said occurrence. The appellant was falsely

implicated and the same is revealed from the stale motive stated in the

complaint. He further submitted that the petitioner is inside the jail from

16.02.2024 and also submitted that this Court has granted bail to the co-

accused in Crl.A(MD).No.287 of 2024 dated 15.04.2024. Hence he seeks

for the bail.

5.The learned Government Advocate (Crl. Side) submitted that the

the investigation is almost completed and awaiting the FSL report. He

further submitted that the appellant has four previous cases and the co-

accused was arrested and thereafter, released on bail by this Court in

Crl.A(MD).No.287 of 2024 dated 15.04.2024.

6.This court considered the rival submission made on either side and

perused the materials available on record.

7.The occurrence has taken place on 05.02.2024 at about 08.30 p.m.

At that time, when the respondents 3 to 7 were sitting in their house, the

appellant and other persons entered into their house and picked up a

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quarrel with them. Even as per the complaint, two years prior to the

occurrence, there was some dispute between the parties. The said dispute

is also relating to the diversion of drinking water. Considering the above

circumstances, though the learned Government Advocate (Crl. Side)

submitted that the appellant is having previous cases and the same are not

similar in nature and are not relating to the contemporaneous period and

also the present allegation is only relating to the diversion of the drinking

water and considering the incarceration for the past 51 days 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 03.04.2024

made in Cr.M.P.No.782 of 2024 on the file of the Special Court for

Exclusive Trial of Cases under SC/ST (POA) Act 1989, Sivagangai.

8. Accordingly, the Criminal Appeal is allowed and the impugned

order dated 03.04.2024 made in Cr.M.P.No.782 of 2024 on the file of the

learned Sessions Judge, Special Court for Exclusive Trial of Cases under

SC/ST (PoA) Act, Sivagangai 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 learned Sessions Judge, Special Court for Exclusive

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Trial of Cases under SC/ST (POA) Act, Sivagangai 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, Sivagangai, may obtain a copy of

their valid identity card to ensure their identity.

(b)The appellant shall report before the Inspector of Police,

Dindigul Taluk Police Station, Dindigul District, daily at 10.30 am, until

further orders.

(c) the appellant shall not tamper with evidence or 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 conditions have been imposed

and the appellant was released on bail by the learned Magistrate/Trial

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Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.

State of Kerala [(2005) AIR SCW 5560].