Madras High Court
Raja vs State Rep. By on 8 November, 2024
Crl.A.No.1307 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.A.No.1307 of 2024
Raja ... Appellant /1st Accused
Vs.
1.State Rep. by
The Deputy Superintendent of Police,
Perambalur Sub Division,
Perambalur District.
2. The State Rep.by
The Inspector of Police,
Arumbavur Police Station,
Perambalur District
(Cr.No. 227 of /2024)
3.Vanaja ... Respondents
Prayer: Criminal Appeal filed under Section 14-A(2) of the Scheduled
Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, praying to
set aside the order dated 23.09.2024 passed in Crl.M.P No.54 of 2024 by the
learned Sessions Judge, Special Court for trial of cases under SC and ST
(POA) Act, Perambalur and enlarge the appellant on bail in Crime No.227 of
2024 on the file of the 2nd respondent police.
Page No.1 of 8
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Crl.A.No.1307 of 2024
For Appellant : Ms.S.Rithika for
Mr.M.Vijayaragavan
For Respondents-1 & 2 : Mr.S.Balaji
Government Advocate (Crl.side)
JUDGMENT
This Criminal Appeal has been filed challenging the dismissal of the
bail petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023 for the offences punishable under Section 3(1)(4), 3(2)(va)
SC/ST(PoA) Act and u/s 115(2), 296(b) of BNSS and u/s 3(1)(r), 3(2)(va)
SC/ST (PoA) Act and u/s 108, 115(2), 296(b) of BNSS Act in Crl.MP
No.54 of 2024 dated 23.09.2024 by the learned Sessions Judge, Special
Court for trial of cases under SC and ST (POA) Act, Perambalur and enlarge
the appellant on bail in Crime No.227 of 2024 on the file of the 2nd
respondent police.
2. It is the case of prosecution that the appellant had borrowed money
from the victim and when the victim demanded the return of loan, the
appellant abused the victim in filthy language and humiliated her; that the
victim thereafter committed suicide.
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3. The learned counsel for appellant would submit that the allegation
against the victim would not constitute any of the alleged offence and that he
had no intention to abet the commission of suicide by the victim and that
since he is in custody from 15.08.2024 and the respondent has not filed any
final report so far, the petitioner would be entitled to bail.
4. The learned Government Advocate (crl.side) per contra, submitted
that since the offences are grave in nature, the appellant is not entitled to bail
and that the Trial Court had rightly dismissed the bail petition and strongly
opposed for granting bail.
5. Though notice has been served on the third respondent and her
name is printed in the cause list, none appeared.
6. On perusal of the records, it is seen that the appellant is in custody
from 15.08.2024 and the respondents are yet to file the final report after
investigation.
7. Considering the nature of allegation; the offences registered against
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the appellant; the period of incarceration and the question as to whether the
act of the petitioner would constitute the offence of abetmentt has to be
examined in the trial, this Court is of the considered view that the appellant
would be entitled to bail. In view of the same, this Court is inclined to grant
bail to the appellant subject to the following conditions:
(i) The appellant shall execute 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 Sessions Judge,
Special Court for Trial of Cases under SC & ST (POA) Act,
Perambalur;
(ii)the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Judge may obtain a
copy of their Aadhar card or Bank pass Book to ensure their
identity;
(iii)the appellant shall appear before the respondent police,
once in a week, until further orders.
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(iv)the respondent police is directed to ensure that there is
no threat to the life and safety of the de-facto complainant. In the
event of any threat, appropriate steps to be taken.
(v)the appellant shall not commit any offences of similar
nature;
(vi)the appellant shall not abscond either during
investigation or trial;
(vii)the appellant shall not tamper with evidence or witness
either during investigation or trial;
(viii)on breach of any of the aforesaid conditions, the
learned Sessions Judge/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 Sessions Judge/Trial Court himself as laid down by
the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560];
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(ix)if the accused thereafter absconds, a fresh FIR can be
registered under Section 229A IPC.
8. Accordingly, this Criminal Appeal is allowed setting aside the
impugned order made in Crl.MP No.54 of 2024 dated 23.09.2024 by the
learned Sessions Judge, Special Court for trial of cases under SC and ST
(POA) Act, Perambalur.
08.11.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
Internet: Yes/No
rgr
Note : Issue order copy by 14.11.2024
Upload the order copy forthwith.
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To
1.The Deputy Superintendent of Police,
Perambalur Sub-Division,
Perambalur District.
2.State by the Inspector of Police,
Arumbavur Police Station,
Perambalur District.
3.The Sessions Judge,
Special Court for Trial of Cases under SC & ST (POA) Act,
Perambalur.
4.The Superintendent of Police,
Sub Jail,
Perambalur District.
5.The Public Prosecutor,
High Court, Madras.
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SUNDER MOHAN, J.
rgr
08.11.2024
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