Britto @ Raja v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.A.(MD)No.421 of 2017 Britto @ Raja ... Appellant/Sole Accused Vs.

1.The State Rep.by The Deputy Superintendent of Police, Uthamapalayam Sub Division, (Gudalur South Police Station) Gudalur, Theni District, (Crime No.214/2017).

... 1st Respondent/Complainant 2.Thothan ... 2nd Respondent/Defacto Complainant PRAYER: The Petition filed under Section 14-A(2) of SC / ST Act, to set aside the order dated 10.10.2017 made in Crl.M.P.No.3288 of 2017 on the file of the Principal Sessions Judge (PCR cases) Theni and enlarge the petitioner on bail.

For Appellant : Mr.J.Lawrance for Mr.P.Mahendran For R1 : Mr.T.Mohan, APP

JUDGMENT

The appellant, who was arrested on 02.10.2017 for the offence punishable under Sections 294(b), 506(ii) of IPC 3(1) (r), 3(1) (s) and 3(2) (va) of SC/ST (POA) Amendment Act 2015, in Crime No.214 of 2017 on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that there was a wordy quarrel arose between the appellant and the de facto complainant in respect of civil dispute and hence, the appellant is said to have abused in filthy language and made a threat with dire consequences and also scolded the de facto complainant's caste name.

3.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that appellant is the sole accused in this case. He further submitted that no one sustained injury in the alleged occurrence and the investigation is still pending.

4.The learned counsel for the appellant submitted that the appellant is falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that the Court below has dismissed the bail petition and against that order of dismissal, the present appeal is preferred before this Court under SC/ST (POA) Amendment Act. He further submitted that appellant was arrested and remanded to the judicial custody on 02.10.2017.

5.Considering the facts and circumstances of the case and also considering the fact that the appellant is in prison from 02.10.2017 onwards, this Court is inclined to grant bail. Accordingly, the Criminal appeal is allowed and the appellant is ordered to be enlarged on bail subject to the following conditions:- [a] 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 (PCR Cases), Theni. [b]the appellant shall report before the respondent Police, daily at 10.30 a.m., until further orders.

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

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

Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar

To 1.The Principal Sessions Judge (PCR cases) Theni. 2.The Deputy Superintendent of Police, Uthamapalayam Sub Division, (Gudalur South Police Station) Gudalur, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 4.The Superintendent, Sub Jail, Uthamapalayam, Theni District +One cc to Mr.P.Mahendran, advocate, SR.No.33358 gns RL/6C/3P/SV/MMS/SAR1/27/10/2017 Crl.A.(MD)No.421 of 2017 27.10.2017