Citation : 2025 Latest Caselaw 6146 Mad
Judgement Date : 17 April, 2025
Crl.A(MD)No.430 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.430 of 2025
Raveendran ... Appellant
Vs
1.State of Tamil Nadu
Represented by
The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Kottaipattinam Division,
Pudukkottai District.
2.The State of Tamilnadu
Represented by
The Inspector of Police,
Manamelkudi Police Station,
Pudukkottai District.
Crime No.48 of 2025.
3.Gunasekaran ... Respondents
PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, to
set aside the order, dated 01.04.2025 made in Crl.MP.No.61/2025, on
1/7
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Crl.A(MD)No.430 of 2025
the file of the learned Special Sessions Judge, Special Court for trial of
SC/ST (POA) Act Cases, Pudukkottai, on connection with Cr.No.48 of
2025, on the file of the second respondent police and enlarge the
appellant on bail.
For Appellant : Mr.R.Prasanna
For R1 & R2 : Mr.P.Kottaichamy
Government Advocate
R3 : Mr.Gurumoorthy
JUDGMENT
The appellant is the sole accused in Crime No.48 of 2025, on
the file of the second respondent police. The said case was registered
as against this appellant, for the offence under Sections 296(b), 125,
326(f), 351(2) of BNS r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST
(Prevention of Atrocities) Amendment Act, 2015, based on the
complaint of the third respondent herein that this appellant has abused
him and also set fire to his paddy bags. The appellant has approached
this Court in Crl.OP.(MD) No.4637 of 2025 and sought permission
from this Court to direct the learned Special Judge to dispose of his
bail application on the same day of his surrender. This Court has also
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passed an order on 12.03.2025, permitting this appellant to surrender
before the trial Court and on his surrender, the trial Court was directed
to consider his application on the same day. Accordingly, this
appellant has surrendered before the Special Court for trial of SC/ST
(POA) Act Cases, Pudukkottai, on 25.03.2025. Considering the
veracity of the complaint and the objections made by the third
respondent, the learned Special Judge, Special Court for trial of SC/ST
(POA) Act cases, has remanded this appellant to the judicial custody.
The application filed by this appellant in Crl.MP(MD) No.61 of 2025
was also dismissed by the trial Court, by its order, dated 01.04.2025.
Challenging the same, the appellant has filed this Criminal appeal.
2.Since the case in Crime No.48 of 2025 was registered
including the provisions under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of
SC/ST (Prevention of Atrocities) Amendment Act, 2015, this Court
has ordered notice to the third respondent. The third respondent has
entered appearance through his counsel, namely, Mr.Gurumoorthy.
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3.Heard the learned counsel for the appellant, the learned
Government Advocate for the official respondents and the learned
counsel for the third respondent.
4.The occurrence was taken place on 23.02.2025, for which a
complaint was lodged on 03.03.2025. There is no injury to anyone in
this case. It appears that few paddy bags have been damaged. It is
reported that the appellant is in jail from 25.03.2025.
5.In view of the above, this Court is inclined to allow this
Criminal Appeal and accordingly, this Criminal Appeal is allowed and
the order passed by the learned Special Sessions Judge, Special Court
for trial of SC/ST (POA) Act Cases, Pudukkottai, in Crl.MP.No.61 of
2025, dated 01.04.2025 is hereby set aside. The appellant is ordered to
be released on bail on the following conditions:-
i) The appellant shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the
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learned Special Sessions Judge, Special Court for trial of SC/ST (POA) Act Cases, Pudukkottai.
ii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii)The appellant shall report before respondent police, daily at 10.30 a.m., until further orders.
iv) The appellant shall deposit a sum of Rs.25,000/- to the credit of Crime No.48 of 2025.
v) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail.
17.04.2025
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn
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To
1.The Special Court for trial of SC/ST (POA) Act Cases, Pudukkottai.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottaipattinam Division, Pudukkottai District.
3.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.
4.The Superintendent, District Prison, Pudukkottai.
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B.PUGALENDHI, J.,
vrn
Judgment made in
17.04.2025
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