Madhu Sudhan Varma @ Pala Kuru Madhu Sudhan Varma v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.A.No.14 of 2020 Madhu Sudhan Varma @ Palakuru Madhu Sudhan Varma .. Appellant Vs.

1.State by:

The Inspector of Police, J-13, Tharamani Police Station, Chennai-113.

2.E.Indhumathi .. Respondents Appeal filed under Section 14-A(2) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 03.01.2020 on the file of the Special Judge under SC & ST (Prevention of Atrocities) Act cum the Principal Sessions Court at Chennai in Crime No.472 of 2019 on the file of J.13, Tharamani Police Station, Chennai and release the appellant on bail.

For Appellant : Mr.P.Govindarajan For Respondents: Mr.K.Prabhakar, Addl. Public Prosecutor for R1

JUDGMENT

Challenging the order of rejection of bail petition, the appellant is before this Court in this appeal. 2.According to the appellant, he was falsely implicated in Crime No.472 of 2019 on the file of the first respondent police for the offences under Sections 294(b), 509, 417 and 506(i) IPC r/w Section 3(1)(r) & 3(1)(w)(i) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 and he is innocent.

3.The learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case and he was arrested on 19.12.2019 and remanded to judicial custody. It is also submitted that both the appellant and the second respondent were working in the same place and it is not necessary for the appellant/accused to induce her for illegal means and it is a foisted case. It is also submitted that the second respondent has admitted that she already lodged a complaint before the Guindy All Women Police Station in CSR No.316 /2018 in which she has not complained anything about the appellant that he used the caste name.

4.Heard the learned Additional Public Prosecutor on the above submissions.

5.Considering the facts and circumstances of the case, this Court is inclined to set aside the impugned order and grant bail to the appellant. Accordingly, the appellant is directed to be released on bail on the following conditions: a) The appellant is directed to execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) along with two sureties, of whom one should be a Government servant, for a like sum to the satisfaction of the Special Judge under SC & ST (Prevention of Atrocities) Act cum the Principal Court at Chennai;

b) The appellant and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Special Judge under SC & ST (Prevention of Atrocities) Act cum the Principal Court at Chennai, may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

c) The appellant shall sign before the first respondent Police Station, daily at 10.30 a.m. until further orders.

6.This appeal is allowed to the extent indicated above. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

KM To 1.The Special Judge under SC & ST Prevention of Atrocities) Act cum the Principal Court, Chennai.

2.The Inspector of Police, J-13, Tharamani Police Station, Chennai-113.

3.The Public Prosecutor, Madras High Court.

4.The Superintendent,Central prison, puzhal,chennai.

5. The Inspector General of Police, Vepery,Chennai.

+1cc to Mr.P.Govindarajan , Advocate SR.No. 7465 Crl.A.No.14 of 2020 A.SK(04/02/2020)