Kannan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Kannan

2. Ranjith ..

Appellant Vs

1. The Deputy Superintendent of Police Mayiladuthurai Mayiladuthurai District.

2. The State rep. by Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District.

(Cr.No.1837 of 2021)

3. D.Prabhakaran ..

Respondents Prayer: Criminal Appeal is filed under Section 14A(2) of ST/ST(POA) Act, 1989 as amended by Act 1 of 2016 to call for records pertaining to the order dated 27.04.2022 made in Cr.M.P.No.969 of 2022 on the file of the learned Principal District and Sessions Judge at Nagapattinam and to set aside the same and enlarge the appellant on bail in connection with the Crime No.1837 of 2021 on the file of the respondent police by allowing this criminal appeal.

1/5

For Appellant :

Mr.U.Kathiravan For Respondents :

S.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The appeal is filed as against the order of the learned District and Sessions Judge, refusing bail to the appellants.

2. The major offence in this case is under Section 307 and under Section 3 of the SC/ST (Prevention of Atrocities) Act. The appellants are accused 1 and 2 in the case. The allegation of the prosecution is that the appellants along with three others have brutally attacked the defacto complainant with wooden logs. The defacto complainant was admitted into hospital and thereafter discharged.

3. Considering the nature of the allegations and considering the fact that the appellants are in jail from 21.12.2021 onwards, I am of the view that this is a fit case for grant of bail. Therefore, I am inclined to grant bail to the appellants on the following conditions:- 2/5

(a) the appellants are ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the Principal District and Sessions Judge, Nagapattinam;

(b) the appellants and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;

(c) the appellants shall appear before the respondent police daily at 10.30 A.M untill further orders.

4. This Criminal Appeal is ordered accordingly. 08.07.2022 Index : yes/no Speaking order/Non-speaking order drm 3/5

To

1. The Deputy Superintendent of Police Mayiladuthurai Mayiladuthurai District.

2. The Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District.

(Cr.No.1837 of 2021)

3. The Principal District and Sessions Judge, Nagapattinam.

4. The Public Prosecutor, High Court of Madras. 4/5

D.BHARATHA CHAKRAVARTHY. J., drm 08.07.2022 5/5