Giri vs State Of Tamilnadu
2025 Latest Caselaw 1013 Mad

Citation : 2025 Latest Caselaw 1013 Mad
Judgement Date : 17 July, 2025

Madras High Court

Giri vs State Of Tamilnadu on 17 July, 2025

                                                                                       Crl. A.(MD)No.698 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATE : 17.07.2025

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE R.N.MANJULA

                                           Crl. A.(MD)No.698 of 2025


                1.Giri
                2.Sugumar                                                    ... Appellants/A4 and A5

                                                          Vs.

                1.State of Tamilnadu
                  Rep. by The Deputy Superintendent of Police,
                  Dindigul Rural Division,
                  Dindigul District.
                  Crime No.183 of 2025

                2.The Inspector of Police,
                  Dindigul Taluk Police Station,
                  Dindigul District.
                  Crime No.183 of 2025

                3.Muniyappan                                                          ... Respondents

                Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (PoA)
                Act to set aside the order dated 18.06.2025 in Cr.M.P.No.181 of 2025 on the
                file of the learned Sessions Judge, Special Court for exclusive trial of Cases
                under SC/ST(POA) Act, Dindigul, Dindigul District and enlarge the appellants
                on bail.




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                                                                                             Crl. A.(MD)No.698 of 2025

                                  For Appellants         : Mr.M.Dhinakar

                                  For R1 & R2           : Mr.K.Gnanasekaran
                                                         Government Advocate (Criminal Side)

                                  For R3                : Mr.S.Rajasekar

                                                           JUDGMENT

This Criminal Appeal is filed challenging the order passed by the

learned Sessions Judge, Special Court for exclusive trial of Cases under

SC/ST(POA) Act, Dindigul in Cr.M.P.No.181 of 2025 dated 18.06.2025.

2. The appellants are A4 and A5, who were arrested and remanded

to judicial custody on 06.04.2025 for the alleged offences punishable under

Sections 103(2), 126(2), 191(2) and 191(3) of BNS and Sections 3(1)(s), 3(2)

(v) of SC/ST (PoA) Act, 1989 in Crime No.183 of 2025 on the file of Dindigul

Taluk Police Station.

3. The appellants / A4 and A5 have filed bail application during the

pendency of the investigation and the same was dismissed by the learned

Special Judge. Aggrieved over that, the appellants have preferred this appeal.

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4. On notice, Mr.S.Rajasekar, learned counsel made his appearance

on behalf of the defacto complainant / third respondent and submitted that that

if the appellants are released on bail, they would try to tamper the witnesses by

threatening them. As the appellants and defacto complainant reside in one and

the same locality, that might create further tension.

5. Mr.K.Gnanasekaran, learned Government Advocate (Crl. Side)

appearing for the respondents 1 and 2 submitted that due to the murder in the

public, the Police has invoked Goondas Act and detention order has been

issued by the District Collector on 04.05.2025 against A1 to A3 and A6. It is

further submitted that the investigation has been completed and charge sheet

has been filed.

6. Sofaras the appellants / A4 and A5 are concerned, there appears to

be no detention order passed. On perusal of the First Information Report, it is

seen that A5 and A6 attacked the deceased with sickle and A4 was standing

along with other accused. There is no allegation against A4 that he has

inflicted any injury on the deceased at the time of occurrence.

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7. At this juncture, Mr.M.Dhinakar, learned counsel for the

appellants / A4 and A5 submitted that the appellants / A4 and A5 have so far

co-operated for investigation; as against them there is no detention order

passed under Goondas Act; they are ready to abide by any conditions to be

imposed by this Court; and hence, they may be released on bail.

8. The contention of the learned counsel for the defacto

complainant / third respondent is that if the appellants / A4 and A5 are

released on bail, they would come to their village and tamper the witnesses.

9. As the investigation completed and charge sheet filed and

Goondas Act has not been invoked against the appellants / A4 and A5, I feel,

by taking into consideration of the incarceration already suffered by the

petitioners, they may be released on bail on certain stringent conditions.

10. Accordingly, this Criminal Appeal is allowed by setting aside

the order, dated 18.06.2025 in Crl.M.P.No.181 of 2025 on the file of the

learned Sessions Judge, Special Court for exclusive trial of Cases under

SC/ST(POA) Act, Dindigul. The appellants / A4 and A5 are ordered to be

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released on bail on executing a bond for a sum of Rs.25,000/- (Rupees

Twenty Five Thousand only) each 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, Dindigul, and on further 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 appellants shall stay at Thanjavur District and appear and sign before the Thanjavur South Police Station daily at 10.00 a.m., until further orders.

[c]the appellants shall not tamper with evidence or witness either during investigation or trial and they shall not involve in similar type of offences during the bail period.

[d]the appellants 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 appellants in accordance with law as if the conditions have been imposed and the appellants 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.