Madras High Court
Nowsath Ali vs The State Represented By Its on 2 August, 2024
Crl.A(MD)No.618 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 02.08.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD)No.618 of 2024
Nowsath Ali ...Appellant/Sole Accused
Vs.
1.The State represented by its
The Deputy Superintendent of Police,
Thanjavur Sub Division,
Thanjavur District.
2.The Inspector of Police,
Thiruvidaimarudur Police Station,
Thanjavur District.
(Crime No.560 of 2024) ... Respondent Nos.1 and 2/
Complainant
3.Kalaivanan ...3rd Respondent/
Defacto complainant
Prayer : This Criminal Appeal is filed under Section 14A of the SC/ST
Prevention of Atrocities Act, to call for the records relating to the order passed
by the learned 1st Additional District and Sessions Judge(PCR), Thanjavur in
Crl.M.P.No.671 of 2024 dated 16.07.2024 and set aside the same.
For Appellant : Mr.K.Vadivelu
For Respondents : Mr.B.Thanga Aravindh
Government Advocate(Crl.Side)
for R1 & R2
*****
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Crl.A(MD)No.618 of 2024
JUDGMENT
This appeal has been filed to set aside the order dated 16.07.2024 in
Cr.M.P.No.671 of 2024 on the file of the learned 1st Additional District and
Sessions Judge(PCR), Thanjavur.
2.The appellant is sole accused, in Crime No.560 of 2024 on the file of
the second respondent Police. He is said to have committed the offence under
Sections 294(b), 323, 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2) (va) of
SC/ST (POA) Act.
3.The case of the prosecution is that on 09.06.2024, the appellant/accused
went to the defacto complainant's house at about 10.00.a.m. and quarrelled with
the defacto complainant's wife and she informed the same to her
husband/defacto complainant. The complainant again went to the appellant's
house at about 10.30 a.m and quarrelled with both the defacto complainant and
the appellant. At that time, the appellant punched the nose. Due to bleeding the
nose, immediately, the defacto complainant and the appellant rushed to
Kumbakonam Government Hospital and took first aid. Thereafter, the hospital
authority has referred to Thanjavur Government Hospital for further treatment.
The second respondent police went to Thanjavur Government Hospital on
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09.06.2024 itself and obtained statement from the defacto complainant and
registered the FIR in Crime No.560 of 2024 and arrested the appellant/accused
by the respondent police under Sections 294(b), 323, 506(ii) of IPC r/w Section
3(1)(r), 3(1)(s) and 3(2) (va) of SC/ST (POA) Act.
4.The Appellant has filed the bail petition before the learned I Additional
District and Sessions Judge(PCR), Thanjavur and the same was dismissed by
passing the impugned order dated 16.07.2024, stating that investigation is not
yet completed. Challenging the same, the appellant has filed this criminal
appeal before this Court.
5.The learned Counsel for the appellant would submit that according to
the prosecution, on 09.06.2024, the appellant/accused went to defacto
complainant's house at about 10.00.a.m. and quarrelled with the defacto
complainant's wife and she informed the same to her husband/defacto
complainant. The complainant again went to the appellant's house at about
10.30 a.m and quarrelled with both the defacto complainant and the appellant.
At that time, the accused punched the nose. Due to bleeding the nose,
immediately the defacto complainant and the appellant rushed to Kumbakonam
Government Hospital and took first aid and false case was registered against
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him and the appellant is in the custody from 04.07.2024 onwards. Therefore, he
seeks for bail.
6.The learned Government Advocate(Crl.side) would submit that
investigation has not yet completed. He submitted that the injured discharged
from hospital. Counter case also filed against the defacto complainant.
Therefore, he seeks for the dismissal of this case.
7.The defacto complainant has appeared in person and raised his
objection to grant bail. It is submitted that he caused the bleeding injury and
hence, he seeks to dismiss this case.
8.This Court has considered the rival submission and perused the records.
9.Considering the submission of the learned Counsel for the appellant
that the appellant was arrested on 04.07.2024 and confined at Prison and the
appellant having no previous antecedents and no case of communal tension was
pleaded by the prosecution and the injured discharged from hospital and the
counter case also registered against the defacto complainant, this Court is
inclined to allow this Criminal Appeal by setting aside the order, dated
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16.07.2024 made in Crl.M.P.No.671 of 2024, on the file of the learned I
Additional District and Sessions Judge(PCR), Thanjavur.
10. Accordingly, the Criminal Appeal is allowed and the order dated
16.07.2024 made in Cr.M.P.No.671 of 2024 on the file of the learned
I Additional District and Sessions Judge(PCR), Thanjavur 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 I Additional District and Sessions
Judge(PCR), Thanjavur and on further conditions that:
(a) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned I
Additional District and Sessions Judge(PCR), Thanjavur, may
obtain a copy of their valid identity card to ensure their identity.
(b)The appellant shall report before the the learned I
Additional District and Sessions Judge(PCR), Thanjavur, daily
at 10.30 am, until further orders.
(c) the appellant shall not tamper with evidence or witness
during trial.
(d) the appellant shall co-operate with the proceeding of
trial Court.
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(e) On breach of any of the aforesaid conditions, the
learned Trial Judge 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 Trial Judge 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.
02.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
RJR
Note:Issue order copy on 02.08.2024
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To
1.The learned I Additional District and Sessions Judge(PCR),
Thanjavur.
2.The Deputy Superintendent of Police,
Thanjavur Sub Division,
Thanjavur District.
3.The Inspector of Police,
Thiruvidaimarudur Police Station,
Thanjavur 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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K.K.RAMAKRISHNAN, J.
RJR
02.08.2024
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