S.Sureshkumar vs Deputy Superintendent Of Police
2024 Latest Caselaw 8128 Mad

Citation : 2024 Latest Caselaw 8128 Mad
Judgement Date : 24 May, 2024

Madras High Court

S.Sureshkumar vs Deputy Superintendent Of Police on 24 May, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                                            Crl.A.No.571 of 2024

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 24.05.2024

                                                              CORAM:

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                                        Crl.A.No.571 of 2024
                S.Sureshkumar                                                                 ... Appellant
                                                                 Vs.

                1.Deputy Superintendent of Police,
                Kancheepuram,
                Kancheepuram District.

                2.State rep. By;
                The Inspector of Police,
                Walajabad Police Station,
                Kancheepuram District,
                (Crime No.165/2024)

                3.M.Arumugam                                                               ... Respondents


                PRAYER: Criminal Appeal filed under Section 14A(2) of the Scheduled
                Castes and Scheduled Tribes Amendment Act, 2015, to set aside the order
                passed            by   the    learned    Principal     Seesions   Judge,    Chengalpattu      in
                Crl.M.P.No.1098 of 2024 dated 29.04.2024 and enlarge the appellant on bail
                concerned in Crime No.165 of 2024 on the file of the 1st respondent Police.

                                             For Appellant    : Mr.G.Punniakoti
                                             For R1 & R2      : Mr.S.Vinothkumar,
                                                                Government Advocate(Crl. Side)



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                                                                                  Crl.A.No.571 of 2024

                                                    JUDGMENT

The petitioner has filed this Criminal Appeal against the order

passed by the Principal Sessions Judge, Changalpattu rejecting the bail

application of the petitioner vide order dated 29.04.2024 in Crl.M.P.No.1098 of

2024.

2. The petitioner is the first accused in Crime No.165 of 2024 before the

respondent police station. The petitioner along with the second accused were

accused of offences under Section 294(b), 323, 324, 506(ii) IPC Sec.3(1)(r),

3(1)(s), 3(2)(V)(a) SC/ST POA Act. The petitioner and the second respondent

were arrested on 09.04.2024. The petitioner has been behind the bars for over a

period of 45 days since 09.04.2024 for the alleged offence committed by the

petitioner. The Principal Sessions Court, Chengalpattu has dismissed the

application of the petitioner seeking bail with the below observation;

“On perusal of records, it is seen, Walajabad Police Station comes under the territorial jurisdiction of the Principal District Judge, Kancheepurm District, as the erstwhile Kancheepuram judicial district was bifuricated into Chengalpattu and Kancheepuram judicial districts. Since, separate Kancheepuram judicial district is being functioning from 03.03.2024, this Court seized powers to dealing the cases https://www.mhc.tn.gov.in/judis

under the SC/ST (PoA) Act. Therefore, in view of the territorial jurisdiction, the Court is not inclined to entertain this petition. Accordingly, this petition is dismissed.”

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

petitioner and the learned Government Advocate (Criminal Side).

4.Considering the fact that the petitioner has been behind the bar for

more than 45 days now, this Court is inclined to grant bail to the petitioner

subject to the petitioner complying with the following conditions.

5. Accordingly, the petitioner is ordered to be released on bail on his 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 Principal Sessions Judge, Kancheepuram 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 petitioner shall report before respondent police daily at 10.30 a.m until further orders.

[c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].