Puthiyakumar @ Puthiyavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.A(MD)No.312 of 2017 Puthiyakumar @ Puthiyavel : Appellant/Petitioner Vs.

The State Rep.by The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

Crime No.3 of 2017 : Respondent/Respondent Prayer: Criminal Appeal filed under Section 14 1a (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1/2016, praying to set aside the order passed in Crl.M.P.No.916 of 2017 dated 20.06.2017 on the file of learned 2nd Additional District Judge (PCR), Tirunelveli and enlarge the petitioner on bail and pass such further orders..

For Appellants :Mr.A.Mohamed Haneef For Respondent :Mr.A.Ramar Additional Public Prosecutor(Crl. Side) ******* JUDGEMENT This Criminal Appeal has been filed praying to set aside the order, dated 20.06.2017, passed in Cr.M.P.No.916 of 2017, by the learned II Additional District and Sessions Judge, (PCR), Tirunelveli and enlarge the appellant on bail, in connection with Crime No.3 of 2017, on the file of the respondent Police. 2.The Appellant, who was arrested and remanded to judicial custody on 03.04.2017, for the offences punishable under Sections 417, 376, 506(i) IPC and section 3(1)(w)(i) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.3 of 2017, on the file of the respondent police, seeks appeal bail.

3.The case of the prosecution is that the victim girl is aged about 19 years and she is a B.Sc., degree holder and that the appellant and the victim are neighbours and on the false promise of marriage, the appellant said to have intercourse with the said victim girl.

4.The learned counsel appearing for the appellant states that due to medical reasons, the appellant failed to comply with the condition imposed by the trial court to appear before the Metropolitan Magistrate No.IV, Saidapet, Chennai and the medical records also produced. The learned counsel further states that the investigation is over and the charge sheet was also laid and now, the case is pending as PRC No.14 of 2017 before the trial court. 5.The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the appellant was arrested on 03.04.2017 and thereafter, he was granted interim bail by the trial court on 26.04.2017 and subsequently, it was extended by the concerned trial court till 15.06.

2017 and thereafter, the appellant failed to comply with the condition imposed by the trial court and therefore, the main application was dismissed for noncompliance of the said condition. 6.In this case, the investigation was completed and the charge sheet was also laid and the case is pending in PRC No.14 of 2017 before the II Additional District and Sessions Judge(PCR), Tirunelveli and summons were also issued to the appellant on 18.07.2017 and now, the case is posted to 22.08.2017. 7.Considering the above facts and circumstances of the case and also considering the fact that the case is pending against the appellant as PRC No.14 of 2017 and also considering the charges against the appellant herein, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 20.06.2017, passed in Cr.M.P.No.

916 of 2017 by the learned II Additional District and Sessions Judge, (PCR), Tirunelveli. 8.Accordingly, the Criminal Appeal is allowed and the order, dated 20.06.2017, passed in Cr.M.P.No.916 of 2017, by the learned II Additional District and Sessions Judge, (PCR), Tirunelveli is set aside. The appellant is ordered to be released on bail on his executing a bond for a sum of Rs.

[a] the appellant shall report before the trial court, daily at 10.30 a.m., until further orders.

[b] the appellant shall not tamper with evidence or witness either during investigation or trial.

[c] the appellant shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Judge/Trial Court is entitled to take 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 Judge/Trial Court himself/itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar To 1.The II Additional District Judge (PCR), Tirunelveli.

2.The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.A.Mohamed Haneef, Advocate, SR.No.72254 er RL/5C/3P/SKN/RSK/SAR1/31/8/2017 Crl.A(MD)No.312 of 2017 11.08.2017