Umayamuthu @ Umayamuthuramalingam v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 20.02.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Umayamuthu @ Umayamuthuramalingam .. Appellant/A4 Vs.
1. The Deputy Superintendent of Police, Thoothukudi Town Sub Division, Thoothukudi.
.. 1st Respondent/ Investigating Officer
2. The State through The Inspector of Police, Thermalnagar Police Station, Thoothukudi District.
(Crime No.45 of 2017) .. 2nd Respondent/ Complainant 3.Selvam .. 3rd Respondent/ De-facto Complainant 1/10
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 (Amended by Act 1 of 2016), to call for the records relating to the order dated 03.01.2024 passed in Cr.M.P.No.1300 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, 1989, Thoothukudi and set aside the same and grant bail to the appellant by allowing the Criminal Appeal. For Appellant : Mr.K.Suyambulingabharathi For Respondents : Mr.A.Thiruvadi Kumar - for R1 & R2 Additional Public Prosecutor No Appearance - for R3
JUDGMENT
This Criminal Appeal has been filed to call for the records relating to the order, dated 03.01.2024 passed in Cr.M.P.No.1300 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi and to set aside the same.
2/10
2. The case of the prosecution is that on 30.04.2017 at about 17.00 hours, A4 along with other accused assembled unlawfully and used filthy language towards the de-facto complainant and others and attacked the third respondent/de-facto complainant with hand, stone and stick and verbally abused him with the name of his caste and hence, the complaint.
3. Learned counsel for the appellant would submit that the appellant has been falsely implicated in this case and he is innocent and has not committed any offence as alleged by the prosecution. He would further submit that the appellant is in judicial custody from 30.10.2023 onwards.
4. The appellant moved bail application before the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, in Cr.M.P.No.1300 of 2023 and the same was dismissed on 03.01.2024.
3/10
5. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the occurrence took place on 30.04.2017 and the case is pending for a long time for non appearance of A4 and on execution of NBW, A4 was remanded to judicial custody. He further submitted that even after serving of notice to the de-facto complainant, he has not present before this Court today.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Considering the above facts and circumstances of the case and also the duration of his incarceration i.e., from 30.10.2023, this Court is inclined to allow the Criminal Appeal, by setting aside the order dated 03.01.2024 made in Cr.M.P.No.1300 of 2023 passed by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi.
4/10
8. Accordingly, the Criminal Appeal is allowed and the order dated 03.01.2024 made in Cr.M.P.No.1300 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, is set aside. The appellant is ordered to be released on bail, subject to the following conditions: [a] The appellant shall execute 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 Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi;
[b] The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
5/10
[c] The petitioner shall appear and sign before the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, on the first working day of every English calender month at 10.30 a.m., until further orders;
[d] In case, if the petitioner is unable to appear before the Court on the first working day of a month, he shall appear on the next working day;
[e] The appellant shall not tamper with evidence or witness either during investigation or trial; [f] The appellant shall cooperate with the investigation;
[g] On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take 6/10
appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]; and [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A of IPC.
20.02.2024 NCC : Yes/No Index :
Yes / No Internet :
Yes / No RM 7/10
Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
8/10
To 1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, 2.The Deputy Superintendent of Police, Thoothukudi Town Sub Division, Thoothukudi.
3. The State through The Inspector of Police, Thermalnagar Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.
Copy to:
The District Jail, Peravoorani, Thoothukudi District.
9/10
VIVEK KUMAR SINGH, J.
RM 20.02.2024 10/10