Ayyarsamy v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.A(MD)No.361 of 2018

1. Ayyarsamy, 26 Yrs, S/o. Muthaiah, East Street, Maravapatti, Aundipatti Taluk, Theni District.

2. Jeyaganthan, 26 Yrs, S/o.Manikandan, Railway Pittar Road Nathaji Nagar, Aundipatti, Theni District.

(The above description is given in the FIR with incorrect father's name and adress) The correct father's name and address are S/o. A.T.Raja, 5th ward, Kumarapuram, Aundipatti Town, Theni District.

3. Aathi, 26 Yrs, S/o. Raja, Kumarapuram, Aundipatti Town, Theni District.

(The above description is given in the FIR with incorrect father's name and address) The correct father's name and address are S/o.Manikandan, Nethaji Nagar 4th Street, Railway Feeder Road, Aundipatti Town, Theni District.

4. Pasumpon,28 Yrs, S/o.Velu, Kannan Kovil Street, Thadiseari.

(now residing at Madurai Road Near State Bank of India Aundipatti, Theni District) : Appellants/Accused 1 to 4

Vs.

1. State through The Deputy Superintendent of Police, Aundipatti Sub Division, [Crime No.284 of 2018] : First Respondent/Investigating Officer

2. The Inspector of Police, [Crime No.284 of 2018] : Second Respondent/Complainant 3.Ananthakannan : Third Respondent/De facto complainant PRAYER: Criminal Appeal is filed under Section 14(A) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Amendment Act, 2015, praying to call for the records relating to the order dated 03.08.2018 passed in Crl.M.P.No.2131 of 2018 by the Principal Sessions Court, Theni and set aside the same by granting bail to the appellants pending investigation in Crime No.284 of 2018 on the file of the second respondent.

For Appellants : Mr.D.Malaichamy For Respondents 1 and 2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

For Respondent No.3 : No appearance

JUDGMENT

This Criminal Appeal is filed praying to set aside the order dated 03.08.2018 passed in Crl.M.P.No.2131 of 2018 on the file of the Principal Sessions Court, Theni.

2.Heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the respondents 1 and 2. The de facto complainant was informed about the bail petition through notice dated 10.08.2018, but no representation for the de facto complainant.

3.The allegation against the appellants is that on 28.07.2018, due to previous enmity, they attacked the de facto complainant, Ananthakannan causing injury near the left eye brow. Since the injured person belongs to schedule caste community, an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also attracted along with other penal provisions under Sections 294(b), 323, 324 and 506(i) IPC.

4.It is reported that the injured person has been discharged on 03.08.2018.

5.Considering the facts of the case and also considering the change in circumstances, this Court is inclined to grant bail to the appellants, by allowing the Criminal Appeal on the following conditions:- (i)the appellants/accused 1 to 4 shall be enlarged on bail, on each of them executing a bond for Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of learned Principal Sessions Judge, Theni;

(ii)the appellants/accused 1 to 4 shall stay at Madurai and report before Anna Nager Police Station, everyday at 10.30 a.m. for a period of 30 days from the date of release;

(iii)the appellants/accused 1 to 4 shall not tamper with investigation or trial; and (iv) on breach of any of the aforesaid conditions, the learned trial Judge is entitled to take appropriate action, as if the conditions have been imposed and the appellants released on bail by the trial Judge himself as laid down by Hon'ble Supreme Court in P.K.Shaji vs State of Kerala in 2005 AIR SCW 5560.

6.At this juncture, learned counsel for the appellants submits that the fathers names of appellants 2 and 3/accused 2 and 3 and addresses of appellants 2 to 4/accused 2 to 4 are wrongly mentioned in the First Information Report. The father's name of appellants 2 and 3/accused 2 and 3 and addresses of appellants 2 to 4/accused 2 to 4 are correctly furnished in this appeal. Therefore, the learned Principal Sessions Judge, Theni, shall take note of the error crept in, in the First Information Report and accept the sureties, as produced by the appellants 1 to 4/accused 1 to 4.

sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Principal Sessions Judge, Theni.

2. The Deputy Superintendent of Police, Aundipatti Sub Division,

3. The Inspector of Police,

4. The Superintendent of Sub Jail, Priyakulam, Theni District.

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

6. The Inspector Of police, Anna Nagar Police Station, Madurai 20 +1cc to Mr.D.Malaichamy, Advocate SR.No.78356 Smn MK/SKN/SAR 1/16.08.2018/4P/8C JUDGMENT MADE IN Crl.A(MD)No.361 of 2018 13.08.2018