Asharuthin vs State Represented By Its on 30 December, 2019

[Cites 6, Cited by 0]

Madras High Court

Asharuthin vs State Represented By Its on 30 December, 2019

Bench: G.R.Swaminathan

                                                                           Criminal Appeal No.904 of 2019



                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.12.2019

                                                          CORAM

                                     THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             Criminal Appeal No.904 of 2019


                      1.Asharuthin
                        S/o.Nazer

                      2.Yasin
                        S/o.Abbas                                                 .. Appellants


                                                          versus

                      1.State represented by its
                        Inspector of Police,
                        Palladam Police Station,
                        Tiruppur District.
                        Crime No.1317/2019

                      2.Nagaraj
                        S/o.Murugan                                               .. Respondents



                      Prayer: Criminal Appeal filed u/s.14(A) of the Scheduled Castes and the
                      Scheduled Tribes (Prevention of Atrocities) Amendment Act, to set aside the
                      order passed in Crl.M.P.No.1546 of 2019 dated 16.12.2019 by the learned
                      Principal Sessions Judge, Tiruppur and to enlarge the petitioners on bail in
                      connection with Crime No.1317 of 2019 on the file of the first respondent.


                      1/4



http://www.judis.nic.in
                                                                            Criminal Appeal No.904 of 2019



                                   For Appellants      :      Mr.P.Kalimuthu

                                   For Respondents     :      Mr.T.Shunmugarajeswaran
                                                              Government Advocate [R1]

                                                            *****

                                                     JUDGMENT

The appellants are shown as accused in Crime No.1317 of 2019 on the file of Palladam Police Station for offences u/s.294(b), 323, 506(i) IPC r/w Section 3(2)(v)(a), 3(1)(r)(s) of SC/ST (POA) Amendment Act, 2015. They are in custody since 02.12.2019. Their application for bail was dismissed by the Court below. Aggrieved over the same, this appeal has been filed.

2. The de facto complainant has also been notified.

3. It is seen that the victim did not suffer any injury. The appellants are in custody for almost a month. Their continued incarceration is not necessary.

By granting bail, investigation will not suffer any prejudice. Hence, the impugned order denying bail is set aside and the Criminal Appeal is allowed.

4. Accordingly, the appellants are directed to be enlarged on bail subject to the condition that each of them execute a bond for a sum of 2/4 http://www.judis.nic.in Criminal Appeal No.904 of 2019 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate, Palladam and further, the appellants are directed to appear before the respondent police on every Monday at 05.30 p.m. pending investigation.

30.12.2019 Note: Issue today Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri/gm To

1.The Judicial Magistrate, Palladam.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3.The Superintendent of Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

3/4

http://www.judis.nic.in Criminal Appeal No.904 of 2019 G.R.SWAMINATHAN, J sri/gm Criminal Appeal No.904 of 2019 30.12.2019 4/4 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court