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Madras High CourtCRL A(MD)/411/2023allowed

Saroja @ Sarojana v. The Deputy Superintendent Of Police

2023-06-02Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 02.06.2023

CORAM

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Saroja @ Sarojana : Appellant / A2 Vs.

1.State through The Deputy Superintendent of Police, Uthamapalayam Sub Division, Rayappanpatti Police Station, Theni District.

Crime No.140 of 2023.

2.Murugan ... Respondents Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA) Act, 1989 as amended by Act 1 of 2016, to set aside the order passed by the learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni in Crl.M.P.No.639 of 2023, dated 18.05.2023 and grant bail to the appellant/A2 in Crime No.140 of 2023 on the file of the respondent Police. For Appellant : Mr.M.A.M.Raja, For 1st Respondent : Mr.R.Sivakumar, Government Advocate (Crl. Side) For 2nd Respondent : Mr.K.Appadurai 1 / 6

JUDGMENT

This Criminal Appeal is directed against the order passed in Crl.M.P.No.639 of 2023, dated 18.05.2023 on the file of the learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni.

2. The case of the prosecution is that there existed civil dispute between the appellant and the defacto complainant, due to which, the appellant and her son abused the defacto complainant and his community people and also tried to attack them. On the basis of the complaint, FIR came to be registered in Crime No.140 of 2023 for the offences under Sections 294(b), 506(i) IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(v) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. The learned counsel appearing for the appellant would submit that the appellant is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that the appellant is in judicial custody from 10.05.2023.

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4. The learned Government Advocate (Criminal Side) appearing for the State would submit that the appellant is having two previous cases, out of which one case is similar offence.

5. In reply, the learned counsel for the appellant would submit that for the same incident, the other case also came to be registered against the appellant.

6. The learned counsel appearing for the second respondent has raised objections to grant bail to the appellant.

7. Considering the above facts and circumstances and also considering nature of the dispute between the parties and taking note of the fact that the appellant is in custody from 10.05.2023, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 18.05.2023 made in Crl.M.P.No.639 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.

7. Accordingly, the Criminal Appeal is allowed and the order, dated 18.05.2023 made in Crl.M.P.No.639 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, is set aside. The appellant is 3 / 6

ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.

[b] the appellant shall stay at Trichy and report before the Contonment Police Station daily at 10.30 am for a period of 15 days and thereafter, shall appear 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 co-operate with the investigation.

[e] On breach of any of the aforesaid conditions, the learned Sessions 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 Sessions Judge/Trial Court 4 / 6

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

02.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das 5 / 6

K.MURALI SHANKAR, J.

das To 1.The Special Court for Trial of Cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam Sub Division, Rayappanpatti Police Station, Theni District.

3.The Superintendent, Sub Jail, Nilakottai.

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

Crl.A.(MD)No.411 of 2023 02.06.2023 6 / 6