Madras High Court
Mohandass vs State Represented By Its on 21 October, 2024
Crl.A(MD)No.834 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.834 of 2024
Mohandass ... Appellant/Petitioner/Accused No.1
Vs.
1.State represented by its
The Deputy Superintendent of Police,
Manamadurai,
Sivagangai District.
2.The Inspector of Police,
Manamadurai Police Station,
Sivagangai District.
(Crime No.320 of 2024) ... Respondents/Respondents/Complaint
3.Rajam ... Respondent/Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (POA) Act, 2015 r/w Section 382 of Cr.P.C., to set
aside the order passed in Crl.M.P.No.1357 of 2024, on the file of the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST
(POA) Act, 1989, Sivagangai, dated 10.09.2024 and consequently, enlarge
the appellant on bail in Crime No.320 of 2024, on the file of the respondent
police.
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Crl.A(MD)No.834 of 2024
For appellant : Mr.RM.Arun Swaminathan
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : Mr.K.C.Ramalingam
JUDGMENT
Heard the learned Counsel appearing for the appellant, learned
Government Advocate (Crl. Side) appearing for the respondents 1 & 2 and
the learned counsel for the third respondent.
2.This Criminal Appeal has been filed to set aside the order, dated
10.09.2024 made in Cr.M.P.No.1357 of 2024 on the file of the Sessions
Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act,
Sivagangai and enlarge the appellant on bail in connection with Crime No.
320 of 2024 on the file of the 2nd respondent.
3.The appellant, who was arrested and remanded to judicial custody
for the offences punishable under Sections 296(b), 115(2), 351(3) BNS and
Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, in Crime No.320 of 2024
on the file of the respondent police, seek appeal bail.
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4.The case of the prosecution in brief:
The petitioner namely the appellant herein alleged to have tress
passed into the land of the defacto complainant and tried to lay pipeline.
When that was objected by the defacto complainant, the appellant alleged to
have assaulted the defacto complainant, abusing in filthy language. Over
which complaint was lodged by the defacto complainant.
5.On the basis of the above said complaint the FIR in Crime No.320 of
2024 has been registered on the file of the second respondent police against
this appellant. He was remanded in to judicial custody. Seeking bail, the
appellant moved before the Special Court in Crl.M.P.No.1357 of 2024. That
came to be dismissed. Against which, this criminal appeal has been
preferred.
6.Heard both sides. The defacto complainant also represented by his
Advocate.
7.It is fairly admitted that because of the land dispute between the
defacto complainant and the appellant herein, trouble arose on particular date.
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Even though it has been stated that the appellant assaulted the defacto
complainant and caused injury, it is submitted that no external injuries were
present. Ever since from the date of arrest, he is in judicial custody. Since
most part of the investigation might to have been over by this time, the
judicial custody may not be required. On that ground, this Court is inclined to
allow this appeal and grant bail to the appellant with certain conditions.
8.Accordingly, the Criminal Appeal is allowed and the order dated
10.09.2024 made in Cr.M.P.No.1357 of 2024 on the file of the Sessions
Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act,
Sivagangai, is hereby set aside. The appellant is ordered to be released on
bail on his executing 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 Exclusive Trial of Cases under SC/ST
(POA) Act, Sivagangai, and on further condition that:
[a] the appellant shall file an undertaking affidavit after releasing
from Prison, to the effect that he will not make any trouble to the defacto
complainant in future;
[b] the appellant shall appear before the concerned court, daily at
10:30 a.m. until further orders;
[c] the appellant shall not tamper with evidence or witness either
during investigation or trial;
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[d] the appellant shall not abscond either during investigation or
trial;
[e] On breach of any of the aforesaid conditions, the 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 Trial Court itself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
21.10.2024
Index : Yes/No
Internet : Yes/No
TM
To
1.The Sessions Judge, Special Court for Exclusive Trial of Cases under
SC/ST (POA) Act, Sivagangai.
2.The Deputy Superintendent of Police,
Manamadurai,
Sivagangai District.
3.The Inspector of Police,
Manamadurai Police Station,
Sivagangai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.ILANGOVAN,J.
TM
21.10.2024
https://www.mhc.tn.gov.in/judis
