Madras High Court
Bibin vs State Rep.By on 13 February, 2019
Author: T.Krishnavalli
Bench: T.Krishnavalli
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2019
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl. A.(MD)No.21 of 2019
Bibin .. Appellant
Vs.
1.State Rep.by
Deputy Superintendent of Police/
Assistant Superintendent of Police,
Colachal Circle, Colachal,
Kanyakumari District.
2.The Inspector of Police,
Colachal Police Station,
Kanyakumari District,
(Crime No.259 of 2009) ...Respondents1 & 2 / Complainant
3.Nagammal ... 3rd Respondent / Complainant
4.Anitha Kumar ...4th Respondent / Victim
Prayer : This appeal is filed under Section 14-A(2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as
amended by Act 1/2016, against the order dated 01.02.2019 made in
Crl.M.P.No.77 of 2019 on the file of the II Additional Sessions Judge,
Tirunelveli (FAC) dismissed the bail application of the appellant and set
aside the same.
For Appellant : Mr.K.Sathiya Singh
For R-1 & R-2 : Mr.A.Robinson
Government Advocate (Crl.Side)
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JUDGMENT
Heard Mr.K.Sathiya Singh, learned counsel appearing for the appellant and Mr.A.Robinson, learned Government Advocate (Criminal Side) appearing for the first and second respondents.
2.This Criminal Appeal has been filed to set aside the order, dated 01.02.2019 made in Crl.M.P.No.77 of 2019 on the file of the II Additional District and Sessions Judge, Tirunelveli (FAC) and enlarge the appellant on bail, in connection with Crime No.259 of 2009, on the file of the respondent Police.
3.The Appellant, who is arrested and remanded to judicial custody on 05.01.2019, for the offences punishable under Sections 147, 148, 294(b), 427, 452, 324 and 506(ii) IPC r/w Section 3(1)(X) of SC/ST (PoA) Act and Section 3(1) of TNPPDL Act, on the file of the respondent police, seeks appeal bail.
4.The learned counsel appearing for the appellant would submit that the appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody from 05.01.2019 onwards.
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5.The learned Government Advocate (criminal side) appearing for the respondent police, on instructions, would submit that the appellant herein is arrayed as A6. He would further submit that if the appellant/A6 is released on bail, he will tamper with the prosecution witnesses and hamper the investigation and therefore, he objected to grant bail to the appellant.
6.Considering the above facts and circumstances of the case and also considering the fact that, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 01.02.2019 made in Crl.M.P.No.77 of 2019 on the file of the II Additional District and Sessions Judge, Tirunelveli (FAC).
7.Accordingly, the Criminal Appeal is allowed and the order, dated 01.02.2019 made in Crl.M.P.No.77 of 2019 on the file of the II Additional District and Sessions Judge, Tirunelveli (FAC), is set aside. The appellant is ordered to be released on bail on his executing 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 District Munsif cum Judicial Magistrate, Eraniel, and on further condition that:
[a] the appellant shall appear before the concerned court, daily at 10:30 a.m., until further orders.
[b] the appellant shall not tamper with evidence or witness either during investigation or trial. http://www.judis.nic.in 4 T.KRISHNAVALLI,J.
vsd [c] the appellant shall not abscond either during investigation or trial.
[d] 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 appellants released on bail by the Trial Court itelf as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
13.02.2019
Index : Yes/No
Internet : Yes/No
vsd
To
1.The II Additional Sessions Judge,
Tirunelveli (FAC).
2.The District Munsif cum Judicial Magistrate, Eraniel.
3.The Deputy Superintendent of Police/ Assistant Superintendent of Police, Colachal Circle, Colachal, Kanyakumari District.
4.The Inspector of Police, Colachal Police Station, Kanyakumari District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Crl. A.(MD)No.21 of 2019
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