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Madras High CourtCRL A(MD)/155/2025allowed

Siranjeevi v. The State Of Tamil Nadu,

2025-02-12Honourable Mr Justice B.Pugalendhi7 pages

Crl.A(MD)No.155 of 2025 B.PUGALENDHI, J.

This criminal appeal is listed today under the caption 'for being mentioned', at the instance of the learned Counsel for the appellants. 2.Learned Counsel for the appellants submitted that this Court, by order dated 12.02.2025, granted bail to the appellants, however, in the cause title of the order copy, the name of the first appellant alone is available. Therefore, he prayed for appropriate orders.

Registry is directed to issue fresh order copy by correcting the cause title and also mark a copy of the order to the Superintendent of Prison, Madurai Central Prison, Madurai.

17.02.2025 gk Note:

Issue order copy today, positively by 12'o clock.

B.PUGALENDHI, J.

gk Crl.A(MD)No.155 of 2025 17.02.2025

CRL A(MD) NO. 155 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CRL A(MD) NO. 155 of 2025 Siranjeevi S/o. Jeevanantham, Keelpooungudi, Karaikudi Taluk, Sivagangai District. Appellant(s) Vs The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Devakottai Sub Division, Sivagangai District.

Respondent(s) For Appellant(s):

M..Prabu G. Sarath Kumar M. Manikandan For Respondent(s):

Mr.P.Kottaichamy, Government Advocate (Crl. Side) for R1 and R2 M/s. Kalpana J for R3

ORDER

The appellants are the accused nos.2 & 3 in Crime No.12 of 2025 on the file of the Kallal Police Station, Sivagangai, registered for the offence u/s.191(2), 191(3), 329(3), 296(b), 115(2), 351(2) BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC / ST (Prevention of Atrocities) Act. The appellants are in judicial custody from 18.01.2025 and they have moved an application for bail before the Special Court for Exclusive Trial of Cases under SC / ST Act in Crl.MP.No.9 of 2025 and the learned Judge, by order dated 24.01.2025,

dismissed the application. Challenging the same, the appellants have preferred the instant appeal.

2.The prosecution case is that during the pongal festival, on 15.01.2025, the defacto complainant participated and danced with others. On that motive, on 16.01.2025, the accused persons entered into his house, intimidated him by insulting his community and also attacked him. Hence, the complaint. 3.Learned Counsel for the appellants submitted that the appellants are innocents and have not committed any offence as alleged by the prosecution. However, they are languishing in prison from 18.01.2025. 4.Learned Government Advocate (Crl. Side), on instructions, submitted that the defacto complainant has sustained simple injury in the course of the occurrence.

5.Learned Counsel for the third respondent / defacto complainant opposed for the grant of bail.

6.Considering the facts and circumstances of the case and also the nature of injury, this Court is inclined to grant bail to the appellants. Accordingly, the appellants are ordered to be released on bail on the following conditions:-

i) The appellants shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judge, Special Court for Exclusive Trial of Cases under SC / ST Act, Sivagangai; ii) The appellants and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The appellants shall report before the respondent police as and when required and also shall co-operate for investigation. iv) The appellants shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well. v) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of bail. In fine, the criminal appeal stands allowed and the order dated 24.01.2025, passed by the Special Court for Exclusive Trial of Cases under SC / ST Act, Sivagangai, in Crl.MP.No.9 of 2025 is set aside. 12-02-2025 Note:

Mark a copy of this order to The Judge,

Special Court for Exclusive Trial of Cases under SC / ST Act, Sivagangai.

To

1. The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Devakottai Sub Division, Sivagangai District.

B.PUGALENDHI, J., gk

2. The Inspector of Police, Kallal Police Station, sivagangai District.

(Crime No. 12 of 2025)

3. Manikandan, S/o. Ramachandran, Door No. 597, South Street, Keelapoongodi, Kallal Post, Sivagangai District.

CRL A(MD) NO. 155 of 2025

12.02.2025