Madras High CourtCRL A/120/2020bail granted

Marisamy@ Duraisamy v. State Rep.By

2020-02-26Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.A.No.120 of 2020 Marisamy @ Duraisamy .. Appellant/ Accused Vs.

1.State rep. by:

Deputy Superintendent of Police, Avinashi Sub Division, Tiruppur District.

(Crime No.824/2018).

.. R1/Complainant 2.Arul Kumar ..R2/Defacto Respondent Appeal filed under Section 14-A(II) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order dated 14.02.2020 passed in Crl.M.P.No.240 of 2020 in Spl.S.C.No. 8 of 2019 on the file of the Principal Sessions Judge, Tiruppur and to enlarge the appellant on bail. For Appellant : Mr.P.Meenakshi Sundaram 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 Spl.S.C.No.8 of 2019 on the file of the first respondent police for the offences under Sections 294(b), 323, 506(ii) IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 and he is innocent. The learned counsel for the appellant has submitted that the appellant is a law abiding citizen and he is ready to abide any conditions that may be https://hcservices.ecourts.gov.in/hcservices/

imposed on him by this Court. Stating so, the learned counsel prayed for granting the relief as prayed for in this appeal. 3.Heard the learned Additional Public Prosecutor on the above submissions.

4.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 blood relative, for a like sum to the satisfaction of the Principal Sessions Judge, Tirupur;

b) The appellant and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Principal Sessions Judge, Tirupur may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

c) The appellant shall sign before the Principal Sessions Judge, Tirupur, daily at 10.30 a.m. until further orders.

5.This appeal is allowed to the extent indicated above. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KM To 1.The Principal District and Sessions Judge,Tirupur.

2. The Superintendent,Central prison, Coimbatore. 3.The Deputy Superintendent of Police, Avinashi Sub Division, Tiruppur District.

4.The Public Prosecutor,Madras High Court.

+1cc to Mr.S.P.Meenkshisundaram , Advocate SR.No. 16898 Crl.A.No.120 of 2020 A.SK(27/02/2020) https://hcservices.ecourts.gov.in/hcservices/