Madras High Court
Karthik vs The Assistant Commissioner Of Police on 11 November, 2024
Crl.A.No.1209 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.A.No.1209 of 2024
Karthik ... Appellant
Vs.
1.The Assistant Commissioner of Police,
Coimbatore South,
Coimbatore City Police.
2.The State represented by:-
Inspector of Police,
D3, Podanur Police Station,
Coimbatore.
(Cri.No.87/2024).
3.S.Radhika ... Respondents
PRAYER: Criminal Appeal filed under Section 14)A) of the Scheduled
Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to call for
the records in pursuant to order dated 03.09.2024 passed Crl.M.P.No.485 of
2024 on the file of the Special Court for Trial of Cases Under the SC/ST
(POA) Act, Coimbatore and set-aside the same and enlarge the appellant on
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Crl.A.No.1209 of 2024
bail in Spl.S.C.No.23 of 2024 pending trial on the file of the Special Court
for Trial of Cases Under the SC/ST (POA) Act.
For Appellant : Mr.S.Michael
For R1 & R2 : Dr.C.E.Pratap,
Government Advocate (Crl. Side)
For R3 : Ms.J.Oviya, Legal Aid Counsel
JUDGMENT
This Criminal Appeal has been filed challenging the dismissal of the
bail petition in Crl.M.P.No.485 of 2024 in Special S.C.No.23 of 2024 filed
by the appellant who is alleged to be involved in Crime No.87 of 2024 for
offence under Sections 147, 148, 294(b), 365, 302 IPC and Section 3(2)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015.
2.The learned counsel for the appellant would submit that the
appellant was arrested on 30.04.2024; and that since the 1 st respondent
Police filed the final report before the Trial Court, further the custody of the
appellant would not be required for the purpose of prosecution. He would
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further submit that the appellant may be released on bail, so that, the
appellant could defend himself effectively before the trial Court; and prayed
for grant of bail to the appellant.
3.The learned Government Advocate (Crl. Side) appearing for the
respondents 1 and 2 would submit that the co-accused A1, A2 and A3 have
been released on bail by the learned Sessions Judge, Special Court for Trial
of Cases under SC/ST (POA) Act, Coimbatore by orders, dated 07.10.2024
and 04.11.2024.
4.The learned counsel for the 3rd respondent/defacto complainant
would submit that the appellant does not deserve any indulgence and prayed
for dismissal of the appeal.
5.Admittedly, the final report has been filed by the 1 st respondent
Police and the appellant is in custody from 30.04.2024. The co-accused A1,
A2 & A3 have been released on bail by the Sessions Judge, Special Court for
Trial of Cases under SC/ST (POA) Act, Coimbatore by order, dated
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07.10.2024 and 04.11.2024; and that the appellant is similarly placed.
Therefore, this Court is of the view that the appellant would be entitled to
grant bail as the prosecutor was unable to point out as to how his case is
different from the other accused.
6.Considering the nature of the allegations and the appellant cannot
be incarcerated continuously as he has right to defend the case against him
effectively before the trial Court, this Court is inclined to grant bail to the
appellant subject to the following conditions.
7.Accordingly, the appellant is released on bail on 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, Coimbatore.
(ii)The appellant/accused shall report before the concerned Trial Court
on every Monday at 10.00 a.m, until further orders and shall appear before
the Trial Court on all hearing dates without fail.
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(iii)The appellant/accused shall not commit any offences of similar
nature.
(iv)The appellant/accused shall not abscond either during
investigation or trial.
(v)The appellant/accused shall not tamper with evidence or witness
either during investigation or trial.
(vi)on breach of any of the aforesaid conditions, the learned Judicial
Magistrate/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].
(vii)if the accused thereafter absconds, a fresh FIR can be registered
under Section 229A IPC.
8.In view of the above, the impugned order, dated 03.09.2024 in
Crl.M.P.No.485 of 2024 passed by the learned Sessions Judge, Special
Court for Trial of Cases under SC/ST (POA) Act, Coimbatore is set aside
and the Criminal Appeal is allowed.
11.11.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
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To
1.The Sessions Judge,
Special Court for Trial of Cases under SC/ST (POA) Act,
Coimbatore.
2.The Assistant Commissioner of Police,
Coimbatore South,
Coimbatore City Police.
3.The Inspector of Police,
D3, Podanur Police Station,
Coimbatore.
4.The Central Prison,
Coimbatore.
5.The Public Prosecutor,
High Court, Madras.
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SUNDER MOHAN, J.
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11.11.2024
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