Madras High Court
Gowtham vs The Deputy Superintendent Of Police on 29 March, 2023
Author: V.Sivagnanam
Bench: V.Sivagnanam
Crl.A.No.260 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.A.No.260 of 2023
Gowtham
S/o.Chinnadurai ... Appellant/Petitioner/8th Accused
Vs
1. The Deputy Superintendent of Police,
Perambalur,
Perambalur District. ... 1st respondent/Complainant/Complainant
2. State Rep. by
The Inspector of Police,
Perambalur Police Station,
Perambalur District.
(Crime No.562 of 2022) ... 2nd respondent/2nd respondent/Complainant
3. Gopal ... 3rd respondent/Defecto Complainant
Prayer : Criminal Appeal has been filed under Section 14(A)(2) of
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, to set
aside the order dated 27.02.2023 passed in Crl.M.P.No.200 of 2023 passed
by the Learned Sessions Judge (FAC), Special Court for trial of cases under
SC/ST (POA) Act, Perambalur and enlarge the appellant on bail in
Spl.S.C.No.14 of 2022 on the file of the Sessions Judge (FAC), Special Court
for trial of cases under SC/ST (POA) Act, Perambalur.
https://www.mhc.tn.gov.in/judis
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Crl.A.No.260 of 2023
For Appellant :Mr.M.Vijaya Ragavan
For R1 & R2 :Mr.A.Gokulakrishnan
Additional Public Prosecutor
For R3 : Notice served-no appearance
JUDGMENT
This Criminal Appeal has been filed against the impugned order passed by the learned Sessions Judge (FAC), Special Court for Trial of cases under SC/ST (POA) Act, Perambular in Crl.M.P.No.200 of 2023 dated 27.02.2023.
2. The learned counsel appearing for the appellant submitted that based on the complaint given by the 3rd respondent/defacto complainant, a case was registered against six accused persons. Based on the confession of the co-accused, he has been falsely implicated in this case by the respondent police in Crime 562 of 2022 for the offences punishable under Sections 147, 148, 294(b), 307, 302, 120(B), 34 and 326 of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act. The appellant was arrested and remanded to judicial custody from 18.11.2022. If the appellant is released on bail, he is ready to abide any condition imposed by this Court. https://www.mhc.tn.gov.in/judis 2/6 Crl.A.No.260 of 2023
3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 submitted that in this case, six accused have been involved in this case and on the confession of co-accused, this appellant was implicated in this case. The nature of the crime is grave in nature. The investigation was completed and charge sheet has also been filed and the case has been taken on file as Spl.S.C.No.14 of 2022. Hence, he objected to grant bail and prayed to dismiss the appeal.
4. Though notice has been sent to the defacto complainant and his name was printed in the cause list, there is no appearance neither on behalf of the defacto complainant nor through his counsel.
5. Heard the learned counsel appearing for the appellant and the learned Additional Public Prosecutor appearing for the respondents 1 & 2 and also perused the materials available on record.
6. On perusal of the records, the fact reveals that the respondent police registered a case in Crime No.562 of 2022 against six accused persons. Admittedly, the appellant was arrested and remanded to judicial custody from 18.11.2022. Further, in this case, investigation has been completed and https://www.mhc.tn.gov.in/judis 3/6 Crl.A.No.260 of 2023 charge sheet has been filed and the case has been taken on file as Spl.S.C.No.14 of 2022. Considering the nature of the offence and origin of the crime and also taking note of the fact that investigation has been completed and final report has been filed, I am inclined to grant bail to the appellant and the impugned order passed by the trial Court is set aside.
7. Accordingly, the Criminal Appeal is allowed on the following conditions:
(i) The appellant shall execute a bond for a sum of Rs.25,000/-
(Rupees twenty five thousand only) along with two sureties, each, for a likesum to the satisfaction of the Learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Perambalur.
(ii) The appellant and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(iii) The appellant shall appear before the trial Court as and when required.
29.03.2023 Lpp https://www.mhc.tn.gov.in/judis 4/6 Crl.A.No.260 of 2023 To
1.The Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Perambalur.
2. The Deputy Superintendent of Police, Perambalur, Perambalur District.
2.The Inspector of Police, Perambalur Police Station, Perambalur District.
3.The Central Prison, Trichy.
4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 5/6 Crl.A.No.260 of 2023 V.SIVAGNANAM, J.
Lpp Crl.A.No.260 of 2023 29.03.2023 https://www.mhc.tn.gov.in/judis 6/6