Murugan vs The Deputy Superintendent Of Police
2024 Latest Caselaw 8127 Mad

Citation : 2024 Latest Caselaw 8127 Mad
Judgement Date : 24 May, 2024

Madras High Court

Murugan vs The Deputy Superintendent Of Police on 24 May, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                     Crl.A.No.568 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 24.05.2024

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                              Crl.A.No.568 of 2024
                1.Murugan
                2.Prabhakaran
                3.Shanmugam @ Vinoth
                4.Suresh
                5.Kumar
                6.Surya
                7.Gopi
                8.Chandru
                9.Thamodharan
                10.Rajesh
                11.Rajendiraprasath @ Baga                             ... Appellants
                                                      Vs.

                1.The Deputy Superintendent of Police,
                Kaveripakkam Police Station,
                Ranipet District.

                2.The Inspector of Police,
                Kaveripakkam Police Station,
                Ranipet District,
                (Crime No.41 of 2024)

                3.V.Eswari                                           ... Respondents




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                                                                                Crl.A.No.568 of 2024

                PRAYER: Criminal Appeal filed under Section 14A(2) of the Scheduled
                Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to set aside
                the order dated 23.04.2024 made in Crl.M.P.No.411 of 2024 on the file of the
                Special Court of Scheduled Caste and Scheduled Tribes (Prevention of
                Atrocities) Act, Velloe and to enlarge the appellant on bail in connection with
                Crime No.41 of 2024 on the file of the 1st respondent police by allowing this
                Criminal Appeal.



                                      For Appellant : Mr.R.Sasikumar
                                      For R1 & R2 : Mr.S.Vinothkumar,
                                                      Government Advocate (Crl.Side)
                                      For R3        : Mr.Mohammed Asif



                                                   JUDGMENT

The petitioners have filed this Criminal Appeal against the order passed

by the Special Court of Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Act, Vellore, rejecting the bail application of the petitioners vide

order dated 23.04.2024 in Crl.M.P.No.411 of 2024.

2.The case of the prosecution is that the on 31.01.2024 at about 09.00

p.m. When the deceased Vivekanandan and one Ajith were riding a two

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wheeler, they were hit by a car driven by A1 and subsequently, all the accused

conspired together and committed the murder of the deceased.

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

of offence committed by the petitioners is grievious in nature and hence,

strongly opposed for grant of bail to the petitioners. He further submitted that

there are 11 pending cases as against A1, 3 pending cases as against A2, 6

pending cases as against A3, 1 pending case as against A4 and A5 and A8, 4

pending cases as against A6, 8 pending cases as against A7, 9 pending cases as

against A9, 2 pending cases as against A10 and 3 pending cases as against A11.

4.I have considered the submissions of the learned counsel for the

petitioner and the learned counsel for the intervenor and the learned Public

Prosecutor.

5.Considering the facts and circumstances of the case, this Court is

inclined to grant interim bail to the petitioners 4, 5, 8, 10 and 11 alone, till

07.06.2024, subject to the petitioners 4, 5, 8, 10 and 11 complying with the

following conditions.

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6. Accordingly, the petitioners 4, 5, 8, 10 and 11 are ordered to be released on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners 4, 5, 8, 10 and 11 shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners 4, 5, 8, 10 and 11 shall not abscond either during investigation or trial.

[e] the petitioners 4, 5, 8, 10 and 11 shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 4, 5, 8, 10 and 11 in accordance with law as if the conditions have been imposed and the petitioners 4, 5, 8, 10 and 11 released on bail by the

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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].