Madras High Court
Magaraja @ Maharaja vs State Of Tamilnadu Through on 25 April, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)No.447 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)No.447 of 2025
1. Magaraja @ Maharaja
2. Saravanan @ Saravanakumar ... Appellants
versus
1. State of Tamilnadu through
The Deputy Superintendent of Police,
Puliyangudi Sub Division,
Tenkasi District.
2. The Inspector of Police,
Puliyangudi Police Station,
Tenkasi District.
3. Mohanlal ... Respondents
Appeal filed under Section 14A(2) of SC/ST (POA) Amendment Act,
2015, seeking to call for records relating to the impugned order passed in
Crl.M.P.No.817 of 2025 in Crime No.139 of 2025 dated 01.04.2025 on the
file of the learned Principal Sessions Judge, Tenkasi District and set aside
teh same as illegal and arbitrary and enlarge the appellants/accused No.2
and 3 in Crime No.139 of 2025 on the file of the respondent on bail by
allowing the appeal.
1/6
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Crl.A.(MD)No.447 of 2025
For Appellants : Mr.R.Muthuram
For R1 and R2 : Mr.A.S.Abul Kalam Azad,
Government Advocate (Crl. Side)
For R3 : No appearance
JUDGMENT
The appellants/accused Nos.2 and 3 were arrested and remanded to
judicial custody on 23.02.2025 in connection with the case in Crime No.139
of 2025 on the file of the 2 nd respondent Police, for the offence under
Sections 296(b), 324(4), 118(1), 351(3) of BNS and Sections 3(1)(r), 3(1)
(s), 3(2)(va) of SC/ST (POA) Amendment Act 2015. They filed a bail
petition before the trial Court in Crl.M.P.No.817 of 2025 and the same was
dismissed by the trial Court on 01.04.2025. Challenging the same, the
appellants have filed this appeal.
2. The appellants herein are accused Nos.2 and 3. The case of the
prosecution is that on 22.02.2025 in the afternoon, the 1st accused is said to
have given his two-wheeler in the workshop run by the defacto
complainant's brother. On 22.02.2025 at about 16.15 hrs., accused 1 to 4
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went to the workshop and enquired about the two-wheeler. Since the two-
wheeler was not made ready, there was a wordy quarrel between the accused
persons and the employees in the workshop. At that time, the defacto
complainant intervened and asked the accused persons to get back their
bike, due to which, they absued the defacto complainant by using his caste
name and assaulted him and also threatened him with dire consequences.
Hence, the case.
3. The learned counsel appearing for the appellants submits that the
appellants are innocent persons and they have not committed any offence as
alleged by the prosecution. He further submits that the defacto complainant
has given this false complaint with ulterior motive. He further submits that
the appellants are in jail from 23.02.2025. Therefore, he seeks to grant bail
to the appellants.
4. The learned Government Advocate (Crl. Side) submits that that
apart from the assault, the appellants have also damaged four bikes in the
workshop run by the defacto complainant's brother. He further submits that
apart from this case, the first appellant/A2 is also having five previous
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cases. Therefore, he opposed to grant bail to the appellants.
5. Considering the facts and circumstances of the case and also the
period of incarceration and since the 1st appellant/A2 is having five previous
cases, this Court is inclined to grant bail to the appellants with stringent
conditions.
6. Accordingly, the Criminal Appeal is allowed and the order dated
01.04.2025 made in Crl.M.P.No.817 of 2025 on the file of the learned
Principal Sessions Judge, Tenkasi District, is hereby set aside. The
appellants are ordered to be released on bail
i) on the 1st appellant/A2 executing a bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with two sureties
each for a like sum to the satisfaction of the learned Principal
Sessions Judge, Tenkasi District;
ii) on the 2nd appellant/A3 executing a bond for a sum
of Rs.25,000/- (Rupees Twenty Five Thousand only) with
two sureties each for a like sum to the satisfaction of the
learned Principal Sessions Judge, Tenkasi District.
iii) The appellants and the sureties shall submit a copy
of their Aadhaar Card or any other identity card issued by the
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government in proof of their residence address;
iv) The 1st appellant/A2 shall file an undertaking
affidavit before the respondent Police that he will not indulge
in further offence in future. The sureties shall also file an
undertaking affidavit before the respondent Police that the 1st
appellant will not indulge in any further offence in future and
he will not misuse the liberty granted to him.
v) The 1st appellant/A2 shall report before the
respondent Police daily twice, i.e. morning at 10.30 a.m. and
evening at 5.00 p.m. until further orders. The 2nd
appellant/A3 shall report before the respondent Police daily
at 10.30 a.m. until further orders. They have to co-operate for
the investigation.
vi) The appellants shall not misuse the liberty granted
to them by indulging in any further offence and shall not
tamper with the prosecution witnesses. They shall be
available for the trial as well.
vii) On violation of any of the above conditions by the
appellants, the respondent police shall move an application
for cancellation of the bail.
25.04.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
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B.PUGALENDHI, J.
ogy
To
1. The Principal Sessions Judge,
Tenkasi District.
2. The Deputy Superintendent of Police,
Puliyangudi Sub Division,
Tenkasi District.
3. The Inspector of Police,
Puliyangudi Police Station,
Tenkasi District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
25.04.2025
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