Madras High Court
Mani @ Subramaniyan vs The Deputy Superintendent Of Police on 26 September, 2024
Crl.A(MD)No.772 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.772 of 2024
Mani @ Subramaniyan .. Appellant/Petitioner/2nd accused
Vs.
1.The Deputy Superintendent of Police,
Cheranmahadevi Sub Division,
Tirunelveli District. ... 1st Respondent/Respondent/
Investigating Officer
2.The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District. ... 2nd Respondent/Respondent/
Complainant
rd
3.Uthaya Ruban ... 3 Respondent/Defacto Complainant
Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes
and the Scheduled Tribes (Amendment Act), 2015, to call for the records
pertaining to the order dated 09.09.2024 made in Cr.M.P.No.3159 of 2024 on
the file of the II Additional Sessions Judge (PCR), Tirunelveli and set aside
the same and enlarge the appellant on bail in connection with Crime No.354
of 2024 on the file of the 2nd respondent by allowing this appeal.
For appellant : Mr.D.Venkatesh
For R-1 & R-2 : Mr.M.Sakthi Kumar
Government Advocate (Crl. Side)
For R3 : No Appearance
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Crl.A(MD)No.772 of 2024
JUDGMENT
Heard the learned Counsel appearing for the appellant and learned
Government Advocate (Crl. Side) appearing for the respondents 1 & 2.
2.This Criminal Appeal has been filed to set aside the order, dated
09.09.2024 made in Cr.M.P.No.3159 of 2024 on the file of the II Additional
Sessions Judge (PCR), Tirunelveli and enlarge the appellant on bail in
connection with Crime No.354 of 2024 on the file of the 2nd respondent.
3.The appellant, who was arrested and remanded to judicial custody
on 06.08.2024, for the offences punishable under Sections 49, 109, 118(1),
191(2), 206(b), 351(3) of BNS 2023 r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of
SC/ST (POA) Amendment Act 2015, in Crime No.354 of 2024 on the file of
the respondent police, seek appeal bail.
4.The case of the prosecution in brief:
The defacto complainant lodged a complaint stating that he belongs
to the Scheduled Caste community. Due to the poverty one Kumaravel Pillai
gave property measuring about 5.50 cents on the west to his grandfather to
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enjoy the property. It was kept as vacant. Taking advantage of the same, one
Kannan encroached the property and fenced. After coming to their Village,
the defacto complainant family came to know about the fencing and
encroachment. They approached the Kannan to pay a sum of Rs.10,000/- for
raising the plants. But, Kannan refused. Over that enmity on 04.08.2024,
when they were in house one Mani, Jegan and Pithchiah and two others came
to their house, abused them in filthy language by calling them using their
caste name and one of the person caused assault with sword. They sustained
injuries. When the neighbours gathered the accused person fled away from
that place by making criminal intimidation. They were taken to the hospital.
On the basis of the above said occurrence, the defacto complainant lodged the
complaint and the same was registered by the respondent police.
5.The appellant was arrested and remanded to judicial custody. Seeking
bail, he moved special Court. It was dismissed. Against which, this criminal
appeal has been preferred.
6.Even though the notice was ordered to the defacto complainant,
namely the victim, none appears. The learned Government Advocate (Crl.
Side) would submit that the defacto complainant was informed about the
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filing of the appeal. So heard the learned counsel for the appellant as well as
the learned Government Advocate (Crl. Side).
7.The learned counsel for the appellant submitted that so far as this
appellant is concerned there is no specific overt act attributed. But, reading of
the FIR shows that one person, who is able to be identified by the victim
assaulted with sword. He suffered injury on the back. It was also seen that
there was issue between the first accused Kannan and the defacto complainant
over the piece of property lying on the west of their house. It is also seen that
no other bad antecedents are reported against the appellant. Considering the
above said circumstances, and there is no specific overt act is attributed
against the appellant, 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
09.09.2024 made in Cr.M.P.No.3159 of 2024 on the file of the II Additional
Sessions Judge (PCR), Tirunelveli, 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 II Additional Sessions Judge (PCR),
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Tirunelveli and on further condition that:
[a] the appellant shall file an undertaking affidavit 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;
[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].
26.09.2024
Index : Yes/No
Internet : Yes/No
TM
To
1.The II Additional Sessions Judge (PCR), Tirunelvel.
2.The Deputy Superintendent of Police,
Cheranmahadevi Sub Division,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
3.The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J.
TM
26.09.2024
https://www.mhc.tn.gov.in/judis
