Citation : 2025 Latest Caselaw 577 Mad
Judgement Date : 6 June, 2025
Crl.A.No.534 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.534 of 2025
Arapu @ Praveen ... Appellant
Vs.
1. The State Rep. by
The Deputy Superintendent of Police,
Ambur Sub-Division,
Tirupathur District
2.State rep. by,
The Inspector of Police,
Omerabad Police Station,
Tirupathur District
(crime No.400 of 2022)
3.Sudhakar ... Respondents
PRAYER: Criminal Appeal filed under Section 14A(A) of the SC-ST
Amendment Act, 2015, to set aside the order passed in Crl.MP.No.7 of
2025 dated 08.05.2025 by the learned Vacation Sessions Judge at
Tirupattur District and enlarge the appellant on bail in connection with
the case in Spl.SC.No.151 of 2024 on the file of the learned Principal
District and Sessions Judge, Tirupattur District.
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Crl.A.No.534 of 2025
For Appellant : Mr.T.Dhasarathan
For Respondents
For R1 & R2 : Mr.S.Raja Kumar,
Additional Public Prosecutor
JUDGMENT
This Criminal Appeal has been filed praying to set aside the
order passed in Crl.MP.No.7 of 2025 dated 08.05.2025 by the learned
Vacation Sessions Judge at Tirupattur District and to enlarge the
appellant on bail in connection with the case in Spl.SC.No.151 of 2024
on the file of the learned Principal District and Sessions Judge,
Tirupattur District.
2. The case of the prosecution is that on 13.11.2022 at about
1.00 p.m., when the defacto complainant was going to the lake area at a
place near Dharmaraja temple of his village, the appellant and another
who had drunk alcohol at that time, assaulted him with beer bottles on
his back head and also scolded saying the name of his caste.
3. Heard, the learned counsel for the appellant and the learned
Additional Public Prosecutor appearing for respondents 1 & 2.
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4. It is seen that already the petitioner was granted bail and
failed to appear before the trial court in Spl.SC.No.151 of 2024.
Therefore, the trial court issued non bailable warrant on 21.07.2020 and
in order to execute the same, the appellant was secured and remanded to
judicial custody on 26.04.2025.
5. Considering the above facts and circumstances, this Court is
inclined to grant bail to the appellant. Accordingly, this criminal appeal
is allowed and the order passed in Crl.MP.No.7 of 2025 dated
08.05.2025 by the learned Vacation Sessions Judge at Tirupattur District
is hereby set aside. The appellant is ordered to be released on bail on his
execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only)
with two sureties, each for a like sum to the satisfaction of the learned
Principal District and Sessions Judge, Tirupattur District 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 a period of 15 days and thereafter for all hearings.
[c] the appellant shall not abscond either during investigation or trial.
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[d] the appellant shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the 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 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.
06.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
lok
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To
1. The learned Principal District and Sessions Judge, Tirupattur District
2.The learned Vacation Sessions Judge at Tirupattur District
3.The Deputy Superintendent of Police, Ambur Sub-Division, Tirupathur District
4.The Inspector of Police, Omerabad Police Station, Tirupathur District
5.Central Prison, Vellore
6.The Public Prosecutor, Madras High Court.
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G.K.ILANTHIRAIYAN, J.
lok
06.06.2025
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