Madhankumar vs Deputy Superintendent Of Police
2024 Latest Caselaw 21540 Mad

Citation : 2024 Latest Caselaw 21540 Mad
Judgement Date : 13 November, 2024

Madras High Court

Madhankumar vs Deputy Superintendent Of Police on 13 November, 2024

                                                                                         Crl.A.No.1392 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 13.11.2024

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                  Crl.A.No.1392 of 2024

                     Madhankumar                         ...                         Appellant /Accused

                                                               Vs.

                     1. Deputy Superintendent of Police,
                     Tiruppur District.

                     2. The State rep.by Inspector of Police,
                     All Women Police Station,
                     Udumalpet,
                     Tiruppur District.
                     (Cr.No.19 of 2024)

                     3.Veerammal                         ...                         Respondents

                     Prayer: Criminal Appeal filed under Section 14-A of the Scheduled Castes
                     and Schedules Tribes (Prevention of Atrocities) Act, 1989, praying to set
                     aside the condition imposed in Para 3, Clause 1 and 2 of the order dated
                     14.08.2024 made in ECMP No.600 of 2024 before the Sessions Judge,
                     Mahalir Neethimandram (FTMC), Tiruppur.


                                      For Appellant             :    Mr.R.Prabakar


                     Page No.1 of 6



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                                                                                                  Crl.A.No.1392 of 2024


                                        For Respondents-1 & 2 :             Dr.C.E.Pratap
                                                                            Government Advocate (Crl.side)


                                                               JUDGMENT

The appellant, aggrieved by the onerous condition enforced by the

Sessions Judge, Mahalir Neethimandram (FTMC), Tiruppur while granting

bail under Section 187(3) (i) of BNSS Act has preferred the instant appeal.

2. The admitted facts are that the appellant was arrested on 12.05.2024

and the final report was not filed within 90 days. The appellant filed ECMP

No.600 of 2024 in Crime No.19 of 2024 on the file of the Sessions Judge,

Mahalir Neethimandram (FTMC), Tiruppur and the learned Judge had

granted him bail, on the following conditions.

(i) The petitioner/accused is enlarged on bail on his executing a bond for a sum of Rs.25,000/- with two blood sureties with solvency for the like sum each to the satisfaction of this Court.

(ii) For such sureties, the petitioner shall submit solvency certificate / endorsement of address proof from the concerned Thasildar without fail.

(iii) The sureties shall affix their LTI and colour photographs in

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the surety memo.

(iv) The petitioner/accused is directed to appear before the respondent police station daily at 10.00a.m. Until the charge sheet is filed.

3. The learned counsel appearing for the appellant would submit that

the appellant is unable to produce two blood sureties, as directed by the

Sessions Judge and hence has preferred the above appeal.

4. The learned Government Advocate (crl.side) per contra, submitted

that since the appellant is unable to produce two blood sureties and there still

is languishing in jail.

5. Though the appellant has been charged for the offences under

SC/ST Act, in view of the nature of the appeal, this Court is of the view that

notice to the third respondent/complainant is unnecessary.

6. In view of the onerous condition imposed by the Sessions Judge,

the appellant is yet to be released on bail. The appellant is entitled for

statutory bail which is an indefeasible right of the appellant. That right

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cannot be curtailed by onerous condition. Hence, condition no.(i) imposed

by the Sessions Judge, extracted above, is modified as follows -

(i) The appellant/accused is enlarged on bail on his executing a bond for a sum of Rs.10,000/- with two sureties for the like sum each to the satisfaction of the Sessions Court .

The other conditions imposed by the Trial Court/Sessions Court shall

remain unaltered.

7. Accordingly, this Criminal Appeal is allowed to the extent

indicated above, setting aside the condition no.1 imposed in the order dated

14.08.2024 made in ECMP No.600 of 2024 before the Sessions Judge,

Mahalir Neethimandram (FTMC), Tiruppur .

13.11.2024

Index : Yes/No Speaking Order/Non Speaking Order rgr

Issue order copy by 14.11.2024 Upload the order copy forthwith.

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1.The Deputy Superintendent of Police, Tiruppur District.

2. The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.