Manikandan vs The Deputy Superintendent Of Police
2024 Latest Caselaw 21804 Mad

Citation : 2024 Latest Caselaw 21804 Mad
Judgement Date : 20 November, 2024

Madras High Court

Manikandan vs The Deputy Superintendent Of Police on 20 November, 2024

                                                                                      Crl.A.No.1287 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 20.11.2024

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                 Crl.A.No.1287 of 2024

                     Manikandan                                     ...          Appellant /Accused

                                                           Vs.

                     1.The Deputy Superintendent of Police,
                     Mangadu Police Station,
                     Kancheepuram District.

                     2.The Inspector of Police
                     Mangadu Police Station,
                     Kancheepuram.

                     3.P.Selvaprakasam                                 ...               Respondents

                     Prayer: Criminal Appeal filed under Section 14(A)(2) of the Scheduled
                     Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set
                     aside the order dated 10.05.2004 made in Crl.MP No.132 of 2024 on the file
                     of the Special Judge, Exclusive Trial of POCSO Court, Chengalpet and to
                     enlarge the appellant on bail in connection with Crime No.483 of 2023 on
                     the file of the 1st respondent police by allowing this appeal.




                     Page No.1 of 8



https://www.mhc.tn.gov.in/judis
                                                                                            Crl.A.No.1287 of 2024


                                        For Appellant              :   Mr.H.Mohamed Rafi

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

                                        For R-3                    :   Mr.C.D.Johnson
                                                                       Legal-aid counsel

                                                            JUDGMENT

This Criminal Appeal challenges the dismissal of the appellant's bail

application filed under Section 437 & 439 of Cr.P.C.

2. The allegation against the appellant is that he had illicit intimacy

with the mother of the victim boy who was 2 ½ years old; that in conspiracy

with the mother of the child, the appellant had sexually assaulted the victim

child and caused murder.

3. The appellant has filed a petition before the trial court seeking bail.

However, the said bail petition was dismissed on the ground that the

appellant had suppressed the dismissal of bail petition filed before this Court

on 28.07.2023 and that the appellant is likely to tamper the witness and

hamper the investigation.

https://www.mhc.tn.gov.in/judis

4. The learned counsel for the appellant would submit that pursuant to

the dismissal of the bail petition, the 2nd respondent has not filed final report

before the trial court and that copies were not served on the appellant; that

since the appellant is in custody from 18.06.2023, he may be enlarged on

bail so that he could defend the case against him before the trial court.

5. The learned Government Advocate (crl.side), per contra, would

submit that the final report has already been filed and that the case is listed

on 26.11.2024 before the trial court for framing of charges.

6. Though notice has been served on the third respondent, none had

entered appearance. Therefore, this Court, by order dated 26.09.2024 has

appointed Mr.C.D.Johnson as legal aid counsel for the third respondent.

7. The learned counsel for the third respondent would oppose the

grant of bail stating that it is a heinous crime and that the victim child was

subjected to sexual assault before he was murdered and considering the

gravity of the offence, the bail petition may be rejected.

https://www.mhc.tn.gov.in/judis

8. Heard the learned counsel for the appellant as well as third

respondent and the learned Government Advocate (crl.side) appearing for

the respondents 1 & 2.

9. Subsequent to the earlier dismissal of the bail petition before this

Court and the dismissal by the trial court, it is seen that the 2nd respondent

has now filed the final report before the trial court. The appellant has to

defend his case and therefore, considering the period of incarceration and the

fact that the investigation is completed, this court is inclined to grant bail to

the appellant.

10. Accordingly, the appellant is ordered to be released on bail subject

to the following conditions :

(i) The appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties each for a like sum to the satisfaction of the learned Special Judge, Exclusive Trial of POCSO Court, Chengalpet ;

(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

https://www.mhc.tn.gov.in/judis

their identity;

(iii) the appellant/accused shall appear 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.

(iv)the appellant shall not commit any offences of similar nature;

(v)the appellant shall not abscond either during investigation or trial;

(vi)the appellant shall not tamper with evidence or witness either during investigation or trial;

(vii)on breach of any of the aforesaid conditions, the learned Trial Judge 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];