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Madras High CourtCRL A(MD)/393/2017ordered

Senthooran, v. The Inspector Of Police,

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.A(MD)No.393 of 2017 Senthooran : Appellant/Sole Accused Vs.

The State represented by The Inspector of Police, Kovilangulam - Police Station Ramanathapuram-District.

(Crime No.77 of 2017) : Respondent/Complaint PRAYER: Criminal Appeal is filed under Section 14A(2) of SC / ST Act 1986, against the order in Crl.M.P.No.2327 of 2017 passed by the learned Principal District and Sessions Judge, Ramanathapuram in Crime No.77 of 2017 for offence under Sections 294(b), 353, 355 and 506(i) IPC r/w 3(1)(r), 3(1)(s), 3(1)(m) of SC/ST(POA) Act 2015 on the file of the respondent police.

For appellant : Mr.R.Balamurugapandi For Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor.

JUDGMENT

The appellant filed this appeal to enlarge him in connection with the case in Crime No.77 of 2017 on the file of the respondent police.

2.The case of the prosecution is that on 01.07.2017 there was a wordy quarrel arose between the appellant and the de-facto complainant, the appellant assaulted the de-facto complainant and abused him with filthy language. Further, the appellant abused and referred him to his caste name, who belongs to Scheduled Caste Community. Pursuant to the above, the case has been registered in Crime No.77 of 2017 for offence under Sections 294(b), 353, 355 and 506(i) IPC r/w 3(1)(r), 3(1)(s), 3(1)(m) of SC/ST(POA) Act 2015.

3.The learned counsel appearing for the appellant submitted that the appellant is innocent and he has not committed any offence as alleged in the FIR.

4.The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the appellant is arrayed as sole accused in this case and he was arrested on 14.07.2017 and the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the above facts and circumstances of the case and also considering the period of incarceration of the

appellant, this Court is inclined to allow the appeal and grant bail to the appellant.

6. Accordingly the Criminal appeal is allowed and the appellant is ordered to be enlarged on bail subject to the following conditions:- (i) The appellant shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Judge Cum Special Judge for P.C.R Cases, Ramanathapuram District.

(i) the appellant shall appear before the respondent Police daily at 10.30 a.m., until further orders.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge Cum Special Judge for P.C.R Cases, Ramanathapuram District.

2. The Inspector of Police, Kovilangulam - Police Station Ramanathapuram-District.

3. The Superintendent of Prison, Ramanathapuram.

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

+1cc to Mr.D.Balamurugapandi, Advocate Sr.No.31681 NS VB/SV/MMS/SAR4/03.10.2017/2P/6C Order made in Crl.A(MD)No.393 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/