Madras High Court
Maharajan vs The Deputy Superintendent Of Police on 14 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)No.449 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)No.449 of 2024
Maharajan ... Appellant
versus
1. The Deputy Superintendent of Police,
Melur Sub Division,
Madurai District.
2. The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
3. Bharathiraja ... Respondents
Appeal filed under Section 14(A)(2) of SC/ST (POA) Act, 2015 as
amended by Act 1 of 2016, to call for the records pertaining to the
impugned order dated 30.04.2024 passed by the learned III Additional
Sessions Judge, PCR Court, Madurai, in Crime No.96 of 2024, on the file of
the respondent Police.
For Appellant : Mr.M.Sridhar
For R1 and R2 : Mr.A.S.Abul Kalam Azad
Government Advocate
1/6
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Crl.A.(MD)No.449 of 2024
For R3 : Mr.Aairam K.Selvakumar
JUDGMENT
This Criminal Appeal is filed challenging the order passed by the
learned III Additional Sessions Judge, PCR Court, Madurai, in Crime No.96
of 2024, on the file of the respondent Police, dated 30.04.2024.
2. The case of the appellant is that the learned III Additional Sessions
Judge (PCR Court), Madurai, by applying the principles laid down by the
Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar and another,
reported in (2014) 8 S.C.R. 128, dated 02.07.2014, has released the 3rd
respondent/accused, without even issuing any notice to the defacto
complainant and therefore, the order passed by the learned Judge on
30.04.2024 is liable to be set aside.
3. When this appeal was taken up for hearing, a repersentation has
been made by the previous counsel for the appellant that he has returned the
papers and a new counsel has entered appearance. Mr.M.Sridhar, learned
counsel, who entered appearance for the appellant, submits that he is not
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pressing this appeal. He further submits that the matter has been amicably
settled between the appellant and the 3rd respondent/accused.
4. The learned counsel for the 3rd respondent/accused submits that
there is no specific allegation as against the 3rd respondent/accused in the
complaint. He further submits that the 3rd respondent/accused was attacked
with epilepsy at the time of remand and therefore, he was admitted in a
Hospital. Considering his health condition only, the trial Court has granted
bail to the 3rd respondent/accused. He also confirms that the issue between
the appellant and the 3rd respondent/accused has been amicably resolved by
the Villagers.
5. This Court considered the rival submissions made.
6. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, 1989 is a Special Act, which has been enacted in order to safeguard the
people belonging to the Scheduled Caste and Scheduled Tribe from
harassment and to prevent atrocities and hate crimes against them. The Act
itself provides certain conditions in entertaining the bail application.
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Section 18 of the Act prohibits anticipatory bail to a person involving in
commission of offence under the Act. Section 15(a) of the Act mandates the
concerned Court to issue notice before granting bail. It is seen that the
provision under Section 15(a) of the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, has not been complied with by the
learned Judge, while passing the order, dated 30.04.2024.
7. Now, it is submitted that the issue between the appellant and the 3rd
respondent/accused has been amicably resolved by the villagers.
Considering the fact that harmony in the village has to be maintained, this
Court is not inclined to proceed further in this appeal. Accordingly, this
Criminal Appeal is closed. The learned Judicial Magistrates and learned
Sessions Judges are cautioned that they must be careful in dealing with
these type of matters in future.
14.03.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
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To
1. The Deputy Superintendent of Police,
Melur Sub Division,
Madurai District.
2. The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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B.PUGALENDHI, J.
ogy
14.03.2025
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