Madras High Court
Bhavani vs State Rep By on 15 May, 2024
Crl.A.No.575 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
CRL.A.NO.575 OF 2024
1.Bhavani
2.Meenapriya ... Appellants/Accused
Vs.
State Rep by:-
Inspector of Police,
Vishnu Kanchi Police Station,
Kanchipuram District. ... Respondent/Complainant
(Crime No.144 of 2024)
Prayer: Criminal Appeal is filed under Section 14(A)(2) of the SC/ST
(Prevention of Atrocities) Amendment Act, 2015 r/w 374 (3) of the Criminal
Procedure Code, praying to set aside the order dated 30.04.2024 made in
Crl.M.P.No.1077 of 2024 on the file of Principal Sessions Judge,
Chengalpattu.
For Appellants : Mr.H.Shabeer Ahamed
For Respondent : Mr.S.Udayakumar
Government Advocate (Crl. Side)
JUDGMENT
https://www.mhc.tn.gov.in/judis
This Criminal Appeal has been filed to set aside the order dated
30.04.2024 made in Crl.M.P.No.1077 of 2024 on the file of the learned
Principal Sessions Judge, Chengalpattu. The appellants herein are accused in
Crime No.144 of 2024 on the file of Vishnu Kanchi Police Station. The
respondent – Police registered a case against the appellants under Sections
294(b), 323, 506(ii) of IPC @ Sections 294(b), 323, 506(ii) of IPC and
Sections 3(1)(r), 3(1)(s), 3(2) (v-a) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 [SC / ST (POA) Act].
2.The appellants were arrested on 30.03.2024. Appellants have
filed bail application under Section 439 of Cr.P.C., and the same was
dismissed by the learned Principal Sessions Judge, Chengalpattu vide order
dated 30.04.2024 made in Crl.M.P.No.1077 of 2024. Feeling aggrieved with
the dismissal order, the petitioners / accused therein filed this Criminal Appeal
under Section 14(A) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 [SC / ST (POA) Act].
3.This Court has perused the records.
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4.Admit. Mr.S.Udayakumar, learned Government Advocate
(Criminal Side) takes notice for respondent.
5.Mrs.T.Sudha - Defacto complainant - wife of Thiyagarajan
appeared before this Court in person.
6.This Court heard the learned counsel appearing for the
petitioner, learned Government Advocate (Criminal Side) appearing for the
respondent and defacto complainant.
7.The learned counsel appearing for the appellants has submitted
that the defacto complainant is none-other than the daughter-in-law of the 1st
appellant and the 2nd appellant is the husband's sister of the defacto
complainant. It was further submitted that due to some domestic quarrel and
family dispute, the defacto complainant filed a complaint against the
appellants. The respondent/Police registered a case in Cr.No.144 of 2024 for
the offences punishable under Sections 294(b), 323, 506(ii) of the Indian
Penal Code @ Section 294(b), 323, 506(ii) of the Indian Penal Code and
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Section 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. Further submitted that the
appellants filed a bail petition under Section 439 of Criminal Procedure Code
before the Principal Sessions Judge, Chengalpattu. The learned Principal
Sessions Judge, Chengalpattu vide order dated 30.04.2024 dismissed the
petition stating that the said Court has no territorial jurisdiction to entertain
the bail application. Hence, the appellants approached the Principal District
Court, Kancheepuram, wherein the said Court returned the bail petition
petition stating that no FIR is pending before that Court. In these
circumstances, the appellants filed this appeal under Section 14(A)(2) of the
SC/ST (Prevention of Atrocities) Amendment Act, 1989 r/w 374 (3) of the
Criminal Procedure Code. The learned counsel for the petitioner further
submitted that the appellants are in judicial custody for the past 45 days.
8.Per contra, Mr.S.Udayakumar, learned Government Advocate
(Criminal Side) appearing for the respondent has submitted that the appellants
should approach the concerned jurisdictional Court instead of that, the
appellants filed this Criminal Appeal before this Court. However, he fairly
submitted that the investigation has been completed and respondent is going
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to file charge sheet within a week.
9.This Court has perused the order dated 30.04.2024 made in
Crl.M.P.No.1077 of 2024 on the file of the learned Principal Sessions Judge,
Chengalpattu.
10.The defacto complainant appeared before this Court in person
along with a copy of Aadhaar Card. Her identity has not been disputed by the
respondent. She submits that the 1st appellant is the mother-in-law and the 2nd
appellant is her husband's sister. She further submits that due to family
dispute, she lodged a complaint against the appellants. She further submits
that now the disputes have been settled amicably. Accordingly, she does
express no objection to allow this Criminal Appeal.
11.This Court has perused the Memorandum of Appeal filed by
the appellants and a scanned reproduction of the same is as follows:
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
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12.It is surprised to note that the learned counsel who filed this
Criminal Appeal has not taken a minimum care to protect the rights of the
parties. The Registry of this Court also without applying its mind, has
mechanically numbered the appeal. In justice delivery system, each and every
stake holder, from Office Assistant to Registrars, plays a vital role. This Court
hopes that this type of mistake will not occur in future. Registrar (Judicial)
shall look into the matter and sensitize the staff members / officers of this
Court.
13.As far as this Criminal Appeal is concerned, considering the
nature of the offence alleged and in view of the relationship between the
appellants and defacto complainant and the compromise entered between the
parties, this Court is inclined to allow the Criminal Appeal. Accordingly, bail
is granted to the appellants subject to the following conditions:-
(i) The appellants shall execute a bond for a sum
of Rs.10,000/- (Rupees Ten Thousand only) each, with
two sureties each for a like sum to the satisfaction of the
learned Judicial Magistrate-I, Kanchipuram. After
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recording the satisfaction of sureties, the learned
Judicial Magistrate-I, Kanchipuram is directed to
consign the surety papers to the Principal Sessions
Court, Kanchipuram.
(ii) The appellants shall appear before the
Principal Sessions Court, Kanchipuram once in a week
i.e. on every Monday at 10.30 a.m., for a period of eight
weeks.
(iii) The appellants shall not directly or indirectly
cause threat to the defacto complainant or her parents.
14.Resultantly, this Criminal Appeal is allowed on the above
terms.
15.05.2024
Index : Yes / No
Speaking order : Yes / No
Neutral Citation : Yes / No
dm/tk
Note:-
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1. Registry is directed to forthwith upload this order in the official
website of this Court.
2. All concerned to act on this order being uploaded in official website
of this Court without insisting on certified hard copies. To be noted,
this order when uploaded in official website of this Court will be
watermarked and will also have a QR code.
To
1.The Judicial Magistrate – I
Kanchipuram.
2.The Principal Sessions Judge
Kanchipuram.
3.The Inspector of Police,
Vishnu Kanchi Police Station,
Kanchipuram District.
4.The Superintendent of Prison
Central Prison
Women's Special Cell,
Vellore.
5.The Public Prosecutor
High Court of Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL, J.
dm/tk
CRL.A.NO.575 OF 2024
15.05.2024
https://www.mhc.tn.gov.in/judis
