Sathish v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 3/12/2024 C O R A M THE HONOURABLE Mr.JUSTICE SUNDER MOHAN C riminal Appeal No.39 of 2024 Sathish ...
Appellant Vs
1. The Deputy Superintendent of Police
2. The Inspector of Police All Women Police Station
3. Sagunthala ...
Respondents PRAYER: Appeal filed under Section 14 A (2) of SC & ST Act, to set aside the order dated 19/12/2023 made in Crl.M.P.No.6262 of 2023 passed by the learned Principal District and Sessions Judge, Thiruvallur. For appellant ...
Mr.A.P.Sathyamurthy For respondents ...
Dr.C.E.Pratap Government Advocate (Criminal Side) for R.R.1 and 2 Page No:1/5
Ms.B.S.Ajeetha Legal Aid Counsel for R.3 through V.C - - - - -
J U D G M E N T
This Criminal Appeal has been filed to set aside the order dated 19/12/2023 made in Crl.M.P.No.6262 of 2023 passed by the learned Principal District and Sessions Judge, Thiruvallur.
2. The case of the prosecution is that the appellant is the husband of defacto complainant and that due to difference of opinion, appellant had abused defacto complainant by insulting her caste name and also threatened with dire consequences, besides, obtaining money from her by deception.
3. On the complaint given by the defacto complainant, a case was registered under Sections 294 (b), 323, 420 of the Indian Penal Code r/w.3
(1) (r), 3 (1) (s), 3 (1) (zc) of SC & ST Act. The appellant was arrested pursuant to the complaint. He filed a petition for bail before the trial Court which was dismissed by the order dated 19th December, 2023. Page No:2/5
4. Earlier, when the appeal was heard, the learned counsel for the appellant submitted that the case was initiated only due to a matrimonial dispute and the appellant is willing to live with the defacto complainant. Hence, this Court, referred the parties to Mediation and Conciliation Centre, attached to this Court and directed the Mediation and Conciliation Centre to place the matter before Ms.Ajitha, Mediator. This Court hence released the appellant on interim bail on execution of a bond.
5. Today, when the matter is taken up for hearing, appellant and defacto complainant are present before this Court and unanimously submit that they have resolved their disputes and are now living together.
6. In view of the above, this Court is of the view that bail can be granted to the appellant on execution of 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 Principal District and Sessions Judge, Thiruvallur. (ii). The appellant shall appear before the second respondent Police as and when required.
Page No:3/5
(iii). It is open to the parties to move the appropriate forum if they intend to file a petition for quashing the proceedings.
7. In view of the above, this Criminal Appeal is allowed and the impugned order, dated 23/10/2024 made in Crl.M.P.No.2205 of 2024 passed by the learned Sessions Judge, Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram is set aside. 8.The Legal Aid Services Authority shall pay the schedule fees to Ms.B.S.Ajeetha, Advocate.
3/12/2024 mvs.
Index : Yes / No To
1. The Principal District and Sessions Judge, Thiruvallur.
2. The Deputy Superintendent of Police
3. The Inspector of Police All Women Police Station Page No:4/5
SUNDER MOHAN,J mvs.
3/12/2024 Page No:5/5