Madras High Court
Vishnuvaran vs The Deputy Superintendent Of Police on 5 September, 2024
Crl.A(MD). No.709 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
CRL A(MD). No.709 of 2024
Vishnuvaran ... Appellant/Petitioner/
/first Accused
Vs
1.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Vallam Sub Division,
Thanjavur District.
2.The Inspector of Police,
Tamil University Police Station
Thanjavur District. ...1st and 2nd Respondents/
Complainant
rd
3.Muruganantham ... 3 Respondent/De-facto
Complainant
PRAYER:This Criminal Appeal is filed under Section 14-A(2) of SC/ST
Act, praying to set aside the order dated 19.08.2024 made in Crl.M.P.No.
814 of 2024 on the file of the learned I Additional District and Sessions
Jude(PCR), Thanjavur, in connection with Cr.No.327 of 2024 on the file
of the 2nd respondent police and enlarge the appellant on bail.
1/6
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Crl.A(MD). No.709 of 2024
For Appellant : Mr.K.M.Karunakaran
For Respondent : Mr.M.Sakthi Kumar
Government Advocate(Crl.side)
JUDGMENT
This criminal appeal is filed to set aside the order, dated
19.08.2024 made in Crl.M.P.No.814 of 2024 on the file of the learned I
Additional District and Sessions Jude(PCR), Thanjavur, in connection
with Cr.No.327 of 2024 on the file of the second respondent police and
enlarge the appellant on bail.
2.Heard the learnd counel for the petitioner and the learned
Government Advocate(Crl.side).
3.The case of the prosecution is that there was a quarrel between
the de-facto complainant's son Srimadhan with his classmate on previous
occuasions. At the time of quarrel, the petitioner/accused alleged to have
the abused him with his caste name. On 23.07.2024, at about 09.00 p.m.,
the de-facto complainant's son went to the shop and at that time, the
accused along with others again picked up quarrel and attacked him with
knife, sickle and scolded him by telling his caste name and caused injury.
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Hence, he lodged a complaint. Based on the complaint, a case has been
registered against the petitioner in Crime No.327 of 2024 for the alleged
offence punishable uner Sections 126, 296, 118 BNS r/w Sections 3(1)
(r), 3(1)(s) of SC/ST (POA)Act.
4.According to the petitioner, the petitioner was arrested and
remaned to judicial custody from 24.07.2024. Further, the petitioner had
already filed a bail petition before the I Additional District and Sessions
Judge(PCR), Thanjavur, in Crl.M.P.No.814 of 2024 and the same was
dismissed stating that the investigation is not yetcompleted and other
accused persons are yet to be secured. Against which, the present appeal
is filed.
5.Notice to the de-facto complainant has been served. Today the
de-facto complainant iappeared before this Court.
6.The learned counsel for the petitioner would submit that it is a
case and counter. In respect of the counter case, a case in Crime No.326
of 2024 was registered for the offence under Sections 126, 296, 131 and
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351(3) of BNS, 2023, on 23.07.2024. A reading of the FIR in the counter
case shows that it is a group clash between two groups of people, in
which both sides enraged and assaulted with each other and got injured.
Further, the de-facto complainant submitted that still his son is suffering
from pain due to the injuries sustained by him in the grop clash. It may
not be taken into account for rejecting the appeal.
7.In view of the above, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 19.08.2024 made in Crl.M.P.No.
814 of 2024 on the file of the learned I Additional District and Sessions
Judge(PCR), Thanjavur District.
8. Accordingly, the Criminal Appeal is allowed and the order dated
19.08.2022 made in Crl.M.P.No.814 of 2024 on the file of the learned I
Additional District and Sessions Judge(PCR), Thanjavur District, is set
aside. The appellant is ordered to be released on bail on her 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 I Additional
District and Sessions Judge(PCR), Thanjavur District and on further
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conditions that:
[a]the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the
learned Sessions Judge may obtain a copy of their valid
identity card to ensure their identity.
[b]the appellant shall report before the respondent
police daily at 10:30 a.m., until further orders.
[c]the appellant shall not tamper with evidence or
witness either during investigation or trial.
[d]the appellant shall co-operate with the
investigation.
[e]On breach of any of the aforesaid conditions,
the learned Sessions Judge/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 Sessions
Judge/Trial Court himself as laid down by the Hon'ble
Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR
can be registered under Section 229-A IPC.
05.09.2024
Index:Yes/No
Internet:Yes/No
Ns
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G.ILANGOAN,J
Ns
To:
1. The I Additional District and
Sessions Judge(PCR),
Thanjavur District.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Vallam Sub Division,
Thanjavur District.
3.The Inspector of Police,
Tamil University Police Station
Thanjavur District.
4.Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai. ORDER IN
Date : 05.09.2024
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