Madras High Court
Ganesh @ Nagarajan vs The State Rep. By on 12 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.362 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.362 of 2025
Ganesh @ Nagarajan ... Appellant
Vs.
1. The State Rep. by
The Deputy Superintendent of Police,
O/o. Deputy Superintendent of Police,
Mayiladuthurai.
2. The Inspector of Police,
Manalmedu Police Station,
Mayiladuthurai District.
(Crime No.334/2017)
3. Saminathan ... Respondents
PRAYER: Criminal Appeal filed under Section 14A(2) of the Schedule
Case/Schedule Tribes (Prevention of Atrocities) Act, to set aside the
order passed by the learned District and Sessions Judge/Special Court for
SC/ST Act, Mayiladuthurai in Crl.M.P.No.219 of 2025 in SSC.No.268 of
2024 dated 01.03.2025 and enlarge the appellant/Accused on bail in
connection with crime No.334 of 2017 on the file of the Inspector of
Police, Manalmedu Police Station, Mayiladuthurai District.
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Crl.A.No.362 of 2025
For Appellant : Mr.S.Arumugam
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 01.03.2025 passed by the learned District and Sessions
Judge/Special Court for SC/ST Act, Mayiladuthurai in Crl.M.P.No.219
of 2025 in Spl.S.C.No.268 of 2024, 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 appellant is arrayed as second accused in
Spl.S.C.No.268 of 2024. The case of the prosecution is that on
16.10.2017 at about 10.00 a.m., when the defacto complainant was
grazing his cattle, when the cattle stepped into the vacant land of one
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Krishnamurthy @ Thillai Kattai, he scolded the defacto complainant and
assaulted him. Thereafter on 17.10.2017, at about 10.00 am., the second
accused viz., the appellant herein had taken the defacto complainant to
his house and also abused him by using his caste name. On the said date,
the other accused persons assaulted the defacto complainant with
wooden log and therefore the defacto complaint sustained injury. After
taking cognizance, while it was pending committal proceeding before the
committal Court, the appellant failed to appear before the trial Court.
Therefore, non-bailable warrant was issued as against the appellant on
19.07.2022 and the same was executed on 22.02.2025. Now the trial is
pending before the learned District and Sessions Judge, Mayiladuthurai.
Thereafter, the appellant filed an application for bail and the same was
dismissed by an order dated 01.03.2025. Aggrieved by the same, the
appellant filed the present appeal for bail.
4. The learned counsel appearing for the appellant would
submit that due to unavoidable circumstances, the appellant could not
appear before the committal Court and now he undertakes to appear
before the trial Court on all hearing and to cooperate for trial.
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5. Considering the above facts and circumstances and also the
period of incarceration undergone by the appellant from the date of his
arrest i.e., from 22.02.2025, this Court is inclined to grant bail to the
appellant. Accordingly, the Criminal Appeal stands allowed and the
order dated 01.03.2025 passed by the learned District and Sessions
Judge/Special Court for SC/ST Act, Mayiladuthurai, in Crl.M.P.No.219
of 2025 in Spl.S.C.No.268 of 2024 is hereby set aside. The appellant is
ordered to be released on bail on his execution of a bond for a sum of
Rs.25,000/- (Rupees twenty five thousand only) with two blood related
sureties, each for a like sum to the satisfaction of the learned District and
Sessions Judge/Special Court for SC/ST Act, Mayiladuthurai, 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 appellant shall report before the trial Court daily at 10.30
a.m., for the period of two weeks and thereafter on all hearing dates.
[c] the appellant shall not abscond either during investigation or
trial.
[d] the appellant shall not tamper with evidence or witness either
during investigation or trial.
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[e] On breach of any of the aforesaid conditions, the learned
Magistrate/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 learned Magistrate/Trial Court
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.
12.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
To
1. The District and Sessions Judge/
Special Court for SC/ST Act,
Mayiladuthurai.
2. The Deputy Superintendent of Police,
O/o. Deputy Superintendent of Police,
Mayiladuthurai.
3. The Inspector of Police,
Manalmedu Police Station,
Mayiladuthurai District.
4. The District Jail,
Nagapattinam.
5. The Public Prosecutor,
Madras High Court,
Chennai.
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G.K.ILANTHIRAIYAN, J.
rts
12.06.2025
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