Madras High Court
Elangovan vs State Represented By on 16 February, 2022
Author: N.Seshasayee
Bench: N.Seshasayee
Crl.A.No.79 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM
THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
Crl.A.No.79 of 2022
Elangovan ... Appellant/Sole
Accused
Vs.
1.State represented by
The Deputy Superintendent of Police,
Attur Town Police Station,
(Crime No.533 of 2021),
Salem District.
2.The Inspector of Police,
Attur Town Police Station,
(Crime No.533 of 2021),
Salem District. ... Respondents/Complainants
3.Venkatesan ... Respondent/Defacto
Complainant
Criminal Appeal filed under Section 14-A (2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act read with 439 of the
Code of Criminal Procedure, praying to set aside the order passed by the
learned Principal Sessions Judge, Salem in Crl.M.P.No.4903 of 2021 dated
15.12.2021 and enlarge the appellant on bail in Crime No.533 of 2021 on the
file of the 1st respondent.
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Crl.A.No.79 of 2022
For Appellant : Mr.John Satyan
for Mr.Vikram Veerasamy.B
For RR1 & 2 : Mr.L.A.J.Selvam
Government Advocate (Crl. Side)
For R3 : No appearance
JUDGMENT
The appellant herein is arrayed as the sole accused in Crime No.533 of 2021 on the file of the respondent Police for the offences under Section 302 IPC altered to 302, 404 IPC and Sec.3(2)(v) of SC/ST Act. He has been arrested and is in judicial custody. The appellant has moved the learned Principle Sessions Judge, Salem seeking bail and the learned Judge has dismissed the same.
2.When this appeal was moved, this Court has directed notice to the defacto complainant and the notice was served, but the defacto complainant chose not to appear.
3.The learned counsel for the appellant submitted that as per the prosecution case a certain Raja along with the victim of the offence, Silambarasi has checked in a certain hotel at around 09.00 p.m. on 17.11.2021, that Raja later https://www.mhc.tn.gov.in/judis 2/6 Crl.A.No.79 of 2022 in the night left the room. On the following morning, when the door of the room was not opened, the Manager of the hotel had to break open the door and found Silambarasi strangled to death. The further case of the prosecution is that it is the petitioner who has impersonated himself as Raja and has booked the room in a false name, strangled Silambarasi and escaped.
4.The learned counsel for the appellant added that the entire story of the prosecution case is built on an alleged confession statement given by the defacto complainant. He further submitted that the petitioner is now in judicial custody for 88 days as of now.
5.The learned Government Advocate(Crl.Side) submitted that the investigation is substantially complete and the charge sheet would be filed shortly.
6.Taking into consideration the duration of incarnation suffered by the appellant and the line of the prosecution case and also the stage of investigation, this Court finds it appropriate to grant bail to the appellant on the following conditions;
(i) the appellant shall be released on bail on he executing a bond for a sum of Rs.10,000/- with two sureties, each for a https://www.mhc.tn.gov.in/judis 3/6 Crl.A.No.79 of 2022 like sum to the satisfaction of the Judicial Magistrate I, Attur/Principal Sessions Judge, Salem;
(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judicial Magistrate I, Attur/Principal Sessions Judge, Salem, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(iii) the appellant shall stay in Trichy and report before the Judicial Magistrate - II, Trichy, daily at 10.00 a.m. until further orders;
(iv) on breach of any of the aforesaid conditions, the learned Sessions Judge 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 Sessions Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and
(v) if the appellant thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
7.The Criminal Appeal is accordingly allowed.
16.02.2022 Tsg https://www.mhc.tn.gov.in/judis 4/6 Crl.A.No.79 of 2022 To
1.The Judicial Magistrate I, Attur/Principal Sessions Judge, Salem.
2.The Superintendent of Prison, Central Prison, Salem.
3.The Deputy Superintendent of Police, Attur Town Police Station, Salem District.
4.The Inspector of Police, Attur Town Police Station, Salem District.
5.The Public Prosecutor, Madras High Court, Chennai – 600 104.
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