Madras High Court

Logeshwaran vs The Deputy Superintendent Of Police on 4 October, 2024

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                                      Crl.A.No.1227 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 04.10.2024

                                                               CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                       Crl.A.No.1227 of 2024

                     Logeshwaran,
                     S/o.Venkatesan                                               ... Appellant

                                                                Vs.

                     1.The Deputy Superintendent of Police,
                       Dharmapuri Sub Division,
                       Dharmapuri District.

                     2.The Inspector of Police,
                       Dharmapuri Police Station,
                       Crime No.461 of 2024,
                       Dharmapuri District.

                     3.U.Ganesh                                                   ... Respondents

                     Prayer: Criminal Appeal filed under Section 14A(A) of the Scheduled
                     Castes and Schedules Tribes (Prevention of Atrocities) Amendment Act,
                     2015, to set aside the order, dated 20.09.2024 made in Crl.M.P.No.2054 of
                     2024 on the file of the learned Principal District Judge, Dharmapuri and
                     enlarge the appellant on bail in connection with the case in Crime No.461 of
                     2024 on the file of the 2nd respondent Police by allowing this criminal
                     appeal.
                                       For Appellant       :     Mr.N.Manoharan
                     Page No.1 of 10


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                                                                                      Crl.A.No.1227 of 2024




                                        For R1 & R2       :     Mr.R.Vinothraja,
                                                                Government Advocate (Crl Side)

                                                          JUDGMENT

This Criminal Appeal has been filed to set aside the impugned order

in Crl.M.P.No.2054 of 2024, dated 20.09.2024 passed by the learned

Principal District Judge, Dharmapuri and enlarge the appellant on bail in

connection with Crime No.461 of 2024 on the file of the 2nd respondent

Police Station.

2.The appellant/A2 was arrested by the 2nd respondent Police on

14.09.2024 in connection with Crime No.461 of 2024 for offence under

Sections 296(b), 127(2), 115, 118(1), 351(2) of The Bharatiya Nyaya

Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act,

2015.

3.The learned counsel for the appellant submitted that the defacto

complainant's son Tamil Amudhan was studying 10th Std in Vishwabharthy

School and for the past one month, the defacto complainant's was not going

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to the school and was at home. On 13.09.2024, at about 06.00 p.m, the

defacto complainant was informed by A1/Karthik that his son was in his

house and the defacto complainant was asked to come to A1's house. The

defacto complainant had gone there and seen his son crying. When the

defacto complainant's son was enquired, he informed that five months prior

to the date, he and his female friend/minor girl, who was studying 11th std

hails from the same area, were in friendly terms and had gone to various

places by Suzuki Ciaz car. Likewise, on 13.09.2024, again the defacto

complainant's son and his female friend had gone out, watched a movie and

went to restaurant. When they came back by car, the fuel in the car got

exhausted. The car was stopped and both the defacto complainant's son and

his female friend were standing outside. At that time, the petitioner/A2

along with A1 and A3 had come in bike found both of them standing and

enquired. The defacto complainant's son belongs to Scheduled Caste

community and his female friend/minor girl belongs to their community

which is Most Backward Class. Hence, got offended, took the defacto

complainant's son, beaten him and informed the same to the defacto

complainant. At that time, the appellant along with other accused used

abusive words. Hence, the complaint.

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4.He further submitted that in this case, A1 and A3 approached this

Court in Crl.O.P.No.23401 of 2024 and this Court by order, dated

25.09.2024 granted protection directing them to appear before the Special

Court and their bail application to be considered on the same day. A1 and

A3 filed bail application in Crl.M.P.No.2204 of 2024 before the Principal

District Judge, Dharmapuri and the learned Principal District Judge,

Dharmapuri by order, dated 03.10.2024 after hearing objections from the

defacto complainant, had granted bail. The appellant herein is also standing

on the same footing and with the same condition, the bail can be granted.

5.Today, the defacto complainant/3rd respondent present. When he

was enquired by this Court, he submitted that his son was beaten in front of

his eyes black and blue, hence he is very much opposed for granting bail to

the appellant. He further submitted that his wife recently left him and he is

taking care of his two sons with great difficulty with the help of his mother.

He is working as Ward Boy in the Government Hospital, Dharmapuri and

with great difficulty he is providing education to his sons with the fond hope

that his next generation would come out of the shackles. But the defacto

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complainant saw his son beaten by the appellant and other accused. He

further submitted that as a counterblast, the minor girl lodged a complaint on

13.09.2024 and the defacto complainant's son has been taken in custody and

he is in Government Observation Home for Boys, Hasthampatti, Salem for

offence under Section 137 of BNS, 2023 and Sections 7 and 8 of the

Protection of Children from Sexual Offences Act, 2012. He further

submitted that he is unable to digest his sufferings and see the insult of the

school going son. His further detention in the home with other inmates

would only spoil his future and there is likelihood of getting further worse.

He is also not averse for the issue being resolved in both cases in Crime

No.461 of 2024 and Crime No.39 of 2024.

6.The learned Government Advocate (Crl. Side) appearing for the

respondents 1 and 2 submitted that on the complaint of the defacto

complainant, an FIR registered and the appellant and other accused were

arrested. As regards A1 and A2, they were granted bail by the Lower Court

in Crl.M.P.No.2204 of 2024 on 03.10.2024. He further submitted the

defacto complainant's son is now in the Government Observation Home for

Boys, Hasthampatti, Salem in connection with Crime No.39 of 2024 and

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already bail application filed.

7.The learned counsel for the appellant submitted that he had already

spoken to the concerned persons and ensured that there will be early and

favourable consideration of bail application for the defacto complainant's

son. In all possibility, the bail application can be heard on Monday by filing

petition and he would soon join his parents and thereafter both the parties

can reconcile the issue. He further submitted that good sense will prevail on

both sides and issues likely to get resolved. Both sides can appear before

this Court on the next hearing date and inform about the reconciliation.

8.In view of the above, this Court grants bail to the appellant/A2 with

the following conditions.

(i)The appellant/A2 is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the learned Judge, Mahila Court, Dharmapuri.

(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.

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(iii)The appellant shall appear before the respondent Police daily at 10.00 a.m for the period of thirty days.

(iv)The appellant shall not give any inconvenience or trouble knowingly or unknowingly to the 3rd respondent and his son, failing which, the bail shall be cancelled without any further reference.

(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 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].

(ix)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

9.In view of the above, the impugned order in Crl.M.P.No.2054 of

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2024, dated 20.09.2024 passed by the learned Principal District Judge,

Dharmapuri is set aside and the Criminal Appeal is, accordingly, allowed.

10.The defacto complainant, his son and the parents of the minor girl

are directed to appear before this Court on 17.10.2024 at 02.30 p.m in

Chamber to ensure the reconciliation.

04.10.2024 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No

vv2

Note: Issue Order Copy on 04.10.2024.

1.The Deputy Superintendent of Police, Dharmapuri Sub Division, Dharmapuri District.