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Madras High CourtCRL A/898/2022allowed

Sridhar v. The Deputy Superintendent Of Police

2022-08-23Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.08.2022

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sridhar ... Appellant Vs.

1. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Thiruvallur.

2. The Inspector of Police, All Women Police Station, Thiruvallur (Crime No.21/2022)

3. Selvi ... Respondents Prayer: This Criminal Appeal filed under Section 14 (a)(2) of the SC/ST Act amended 2015, to set aside the order dated 27.07.2022 in Crl.M.P.No.2878 of 2022 passed by the learned Principal District and Sessions Judge, Thiruvallur and enlarge the appellant on bail in Cr.No.21 of 2022 on the file of the 2nd respondent police.

For Appellant : Mr.B.Thiyagarajan For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. side) ***** 1/5

J U D G M E N T

This Appeal is arising out of the order passed by the learned Principal District and Sessions Judge, Thiruvallur, in Crl.M.P.No.2878 of 2022 dated 27.07.2022 and praying to enlarge the appellant on bail in Crime No.21 of 2022, pending investigation on the file of the 2nd respondent Police. Despite service of notice in this appeal, none appears on behalf of the third respondent/defacto complainant. The learned counsel appearing for the appellant would submit that the petitioner was arrested and remanded to judicial custody on 18.07.2022 and the allegations are of the offences under Sections 498(A), 294(b) and 506(i) of IPC and 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

Considering the nature of allegations and the fact that the appellant is in prison for 38 days, I am of the view that this is a fit case for enlargement of the appellant on bail. Accordingly, the order passed by the 2/5

learned Principal District and Sessions Judge, Thiruvallur, in Crl.M.P.No.2878 of 2022 dated 27.07.2022 is set aside and the appellant shall be enlarged on bail on the following conditions:

(a) the appellant is 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 learned Judicial Magistrate No.II, Thiruvallur.

(b) the appellant 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 appellant shall appear before the respondent police daily at 10.30 a.m.;

This Criminal Appeal is ordered accordingly.

23.08.2022 Note: Issue order copy today (23.08.2022) Index: Yes/No Speaking order/Non speaking order cgi To 3/5

1. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Thiruvallur.

2. The Inspector of Police, All Women Police Station, Thiruvallur.

3. The Principal District and Sessions Judge, Thiruvallur.

4. The Superintendent of Jail, Sub Jail, Thiruvallur.

5. The Section Officer, Criminal Section, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

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