Vishal vs State Through
2024 Latest Caselaw 8124 Mad

Citation : 2024 Latest Caselaw 8124 Mad
Judgement Date : 24 May, 2024

Madras High Court

Vishal vs State Through on 24 May, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                            Crl.A.(MD).No.328 of 2024

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                   Dated : 24.05.2024
                                                      CORAM:

                                   THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                             Crl.A.(MD).No.328 of 2024


                     Vishal                                   ... Appellant / Accused No.5


                                                       Vs.

                     1.State through
                       The Deputy Superintendent of Police,
                       Sivagangai.

                     2.State Through,
                       The Inspector of Police,
                       Devakottai Taluk Police Station,
                       Sivagangai District.
                      (Crime No.61 of 2024)            ... 1st & 2nd Respondents / Complainants

                     3.Vivek                          ... 3rd Respondent/De-facto Complainant

                     PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
                     (Prevention of Atrocities) Act, 1989 as amended by Act 1/2016, to call for
                     the entire records relating to the order dated 03.04.2024 made in Cr.M.P.No.
                     781 of 2024 on the file of the learned Sessions Judge, Special Court for
                     Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and to
                     set aside the same as arbitrary and consequently to release the appellant on

                     Page 1 of 8


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                                                                             Crl.A.(MD).No.328 of 2024

                     bail in connection with the FIR in Crime No.61 of 2024 on the file of the 2nd
                     respondent police.


                                   For Appellant      : Mr.S.Vijayakumar
                                   For R1 & R2        : Mr.M.Sakthi Kumar
                                                        Government Advocate (Crl.Side)


                                                       JUDGMENT

This Criminal Appeal has been filed to set aside the order dated

03.04.2024 made in Cr.M.P.No.781 of 2024 on the file of the learned

Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST

(POA) Act, 1989, Sivagangai and to set aside the same as arbitrary and

consequently to release the appellant on bail in connection with the FIR in

Crime No.61 of 2024 on the file of the 2nd respondent police.

2. According to the prosecution, the appellant and other accused

persons said to have committed the offences under Sections 147, 148,

294(b), 342, 324, 355, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST

(POA) Amendment Act, 1989.

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3.The case of the prosecution is that the third respondent herein /

the defacto complainant is a driver belongs to the Hindu Schedule Caste

Community. On 01.03.2024, the Goat belongs to the defacto complainant's

father had entered into one Rasu's house and had ate the rice. The wife of

Rasu has scolded the defacto complainant's father by using their caste name.

When the defacto complainant questioned the same, a wordy quarrel arose

between them and the relatives of the Rasu had confined the defacto

complainant, assaulted him by hands and iron rod, foot wear and

dishonoured him. In this incident, the defacto complainant sustained

injuries. Hence, the de-facto complainant lodged a complaint before the

respondent police and the case has been registered in Crime No.61 of 2024

against the appellant and other accused persons for the offences under

Sections 147, 148, 294(b), 342, 324, 355, 506(ii) of IPC and Sections 3(1)

(r), 3(1)(s) of SC/ST (POA) Amendment Act, 1989. Therefore, the appellant

has filed a petition for bail in Cr.M.P.No.781 of 2024, before the learned

Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) Act,

Sivagangai and the same was dismissed on 03.04.2024. Challenging the

same, the appellant has preferred this Criminal Appeal.

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4. The learned counsel for the appellant would submit that the

appellant is an innocent and he has been falsely implicated in this case. He

would further submit that the appellant is the fifth accused and he has been

wrongly implicated in this case. The appellant was arrested and remanded

on 03.03.2024 and he is in judicial custody for the past 82 days in District

Prison, Ramanathapuram. He is also ready to abide by any condition

imposed by this Court and hence, he seeks to grant bail to the appellant.

5. The learned Additional Public Prosecutor appearing for the

State would submit that totally there are seven accused in this case and the

appellant herein arrayed as Accused No.5 and all of them are still in custody.

He would further submit that if the appellant is ordered to be released on

bail, stringent conditions may be imposed.

6. The present appellant came up before this Court earlier and this

Court has declined to grant bail for the sole reason that except the present

appellant, other accused were not arrested. Now there is a change of

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circumstances that other accused were arrested. Notice was also issued to

the defacto complainant and he was also present before this Court on earlier

occasion and has objected for grant of bail only for the first accused (A1).

7. Considering the above facts and circumstances and also

considering the period of incarceration, this Court is inclined to allow the

Criminal Appeal by setting aside the order, 03.04.2024 made in Cr.M.P.No.

781 of 2024 on the file of the learned Sessions Judge, Special Court for

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

8. Accordingly, this Criminal Appeal is allowed and the order

03.04.2024 made in Cr.M.P.No.781 of 2024 on the file of the learned

Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST

(POA) Act, 1989, 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, each for a like sum to the

satisfaction of the Learned Sessions Judge, Special Court for Trial of SC/ST

(POA) Act Cases, Sivagangai, 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 SC/ST (POA) Act Cases, Sivagangai, may obtain a copy of their valid identity card to ensure their identity.

(b) the appellant shall appear before the learned Special Judge, daily at 10.30 a.m., until further orders, except on hearing dates.

(c) the appellant shall not tamper with evidence or witnesses, during investigation or trial.

(d) the appellant shall co-operate with the investigation.

(e) On breach of any of the aforesaid conditions, the learned 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 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].