Madras High Court
D.Srinivasan vs The State Rep. By on 3 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.480 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.480 of 2025
1. D.Srinivasan
2. S.Jayasudha ... Appellants
Vs.
1. The State Rep. by
The Commissioner of Police,
Salem City,
Salem.
2. The State Rep. by
The Assistant Commissioner of Police,
Kondalampatti Range,
Steel Plant Police Station,
Salem District.
(Crime No.42 of 2025)
3. Chelladurai ... Respondents
PRAYER: Criminal Appeal filed under Section 14A(2) of the Schedule
Case/Schedule Tribes (Prevention of Atrocities) Act, to set aside the
order dated 02.05.2025 made in Crl.M.P.No.77 of 2025 passed by the
learned Sessions Judge, Special Court for Trial of Cases under SC/ST
(PoA) Act at Salem and to allow the above Criminal appeal by enlarging
the appellants on bail.
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Crl.A.No.480 of 2025
For Appellants : Mr.C.Prabakaran
For Respondents
For R1 & R2 : Mr.S.Rajakumar
Additional Public Prosecutor
For R3 : No appearance
JUDGMENT
This Criminal Appeal has been filed as against the order
dated 02.05.2025 passed by the learned Sessions Judge, Special Court for
Trial of Cases under SC/ST (PoA) Act, Salem in Crl.M.P.No.77 of 2025
in Crime No.42 of 2025, thereby dismissing the petition for bail.
2. Heard the learned counsel appearing on either side and
perused the materials placed before this Court. Though notice served and
name is also printed in the cause list, no one has appeared on behalf of
the third respondent either by person or through pleader.
3. The appellants are arrayed as A1 and A2 in Crime No.42 of
2025 on the file of the second respondent registered for the offences
punishable under Sections 120B, 420 of IPC and Section 3(2)(va) of the
Schedule Case/Schedule Tribes (Prevention of Atrocities) Act, alleging
that the appellants had conducted chit business in which, the third
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respondent participated and invested to the tune of Rs.26,23,700/-. When
the third respondent approached the appellants to discharge the chit
amount, the appellants wantonly dragged the matter and cheated the third
respondent and also abused him by using his caste name. Hence, the
complaint.
4. After registration of FIR as against the appellants, as
directed by this Court in Crl.O.P.No.7795 of 2025 dated 17.03.2025, the
appellants surrendered before the trial Court and filed bail application.
As directed by this Court, the trial Court considered their bail application
on merits and rejected the same. Therefore, they were remanded to
judicial custody on 02.05.2025. Hence, the appellants filed the present
appeal seeking bail.
5. Considering the above facts and circumstances and also the
period of incarceration undergone by the appellants from the date of their
arrest i.e., from 02.05.2025, this Court is inclined to grant bail to the
appellants. Accordingly, the Criminal Appeal stands allowed and the
order dated 02.05.2025 passed by the learned Sessions Judge, Special
Court for Trial of Cases under SC/ST (PoA) Act, Salem, in
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Crl.M.P.No.77 of 2025 is hereby set aside. The appellants are ordered to
be released on bail on their execution of a bond for a sum of Rs.10,000/-
(Rupees ten thousand only) each with two sureties, each for a like sum to
the satisfaction of the learned learned Sessions Judge, Special Court for
Trial of Cases under SC/ST (PoA) Act, Salem and on further conditions
that:
[a] the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Magistrate may obtain a copy of
their Aadhar card or Bank pass Book to ensure their identity.
[b] the appellants shall report before the respondent police daily at
10.30 a.m., for the period of two weeks and thereafter as and when
required for interrogation.
[c] the appellants shall not abscond either during investigation or
trial.
[d] the appellants shall not tamper with evidence or witness either
during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/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 Magistrate/Trial Court
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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 abscond, a fresh FIR can be registered
under Section 229A IPC.
03.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
To
1. The Sessions Judge,
Special Court for Trial of
Cases under SC/ST (PoA) Act,
Salem.
2. The Commissioner of Police,
Salem City,
Salem.
3. The Assistant Commissioner of Police,
Kondalampatti Range,
Steel Plant Police Station,
Salem District.
4. The Central Prison, Salem.
5. The Women Prison, Salem.
6. The Public Prosecutor,
Madras High Court,
Chennai.
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G.K.ILANTHIRAIYAN, J.
rts
03.06.2025
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