Back
2020 Supreme(Mad) 141
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. RAJAMANICKAM, J.
N.C. Lakshmi Narasimhan - Appellant
Versus
The State rep. by Inspector of Police, W-32 All Women Police Station, Madipakkam, Chennai & Another - Respondent
Crl. A. No. 131 of 2020
Decided On : 18-03-2020
For the Petitioner:D.N. Dhurgasha, Advocate. For the Respondents:R1, T. Shunmugarajeswaran, Government Advocate (Crl. Side), M. Archana (Appeared in person).
Delay in appointing Investigating Officer and routine extension of remand can be grounds for granting bail.
Headnote:
SC/ST Act - Bail Application - Sections 354-A, 506(i) IPC, Section 4 of TN Prohibition of Harassment of Women Act, Sections 3(1)(s), 3(1)(u), 3(1)(w)(i) of SC/ST Act
Fact of the Case:
The appellant is accused of attempting to sexually assault the second respondent and dancing semi-nakedly, leading to the filing of a complaint under various sections including the SC/ST Act.
Finding of the Court:
The court found that the delay in appointing an Investigating Officer and the routine extension of remand without proper requisition warranted the appellant's release on bail.
Issues: Delay in appointing Investigating Officer, Routine extension of remand
Ratio Decidendi: The court considered the delay in appointing an Investigating Officer and the routine extension of remand as grounds for granting bail.
Final Decision: The court set aside the Trial Court's order and directed the release of the appellant on bail with specific conditions.
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14-A(2) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989, to set aside the order of the Principal Sessions Judge of Kanchipuram District at Chengalpattu made in Crl. M.P. No. 1072/2020 dated 18.02.2020 and enlarge the Appellant herein on Bail pending investigation in Crime No. 02/2020 on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai - 91.)
1. This Criminal Appeal has been filed by the Appellant/Accused under Section 14-A(2) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act for brevity), against the dismissal of the Bail Application filed by the Appellant/Accused in Crl. M.P. No. 1072 of 2020 on the file of the Principal District and Sessions Judge of Kanchipuram District at Chengalpattu dated 18.02.2020.
2. The case of the prosecution is that on 15.09.2019 at about 9.30 p.m. when the Second Respondent/De-facto Complainant was staying along with her friend, viz., Srisuju, at Door No. 19, Krishnavillasam, Ganesh Nagar, Adambakkam, Chennai - 600 088, the Appellant/Accused went there and abused the Second Respondent/De-facto Complainant by saying her caste name. Further, he made attempt to sexually assault her, and since the said Srisuju warned him, he left the said place. Subsequently, on 19.09.2019 at about 9.30 p.m. when the Second Respondent/De-facto Complainant was in the said house along with her friend Srisuju, again the Appellant/Accused came there and attempted to sexually assault her and also removed his dresses and was dancing with jatty, and the same was video-graphed by the said Srisuju with her cellphone, and hence, the Second Respondent/De-facto Complainant has lodged a complaint before the Police, and based on the same, FIR was registered on 09.01.2020 in Crime No. 2 of 2020 under Sections 354-A, 506(i) of the Indian Penal Code, 1860, Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, and Sections 3(1)(s), 3(1)(u) and 3(1)(w)(i) of the SC/ST Act.
3. The Appellant/Accused has filed Crl. O.P. No. 2243 of 2020 before this Court to direct the Principal District and Sessions Judge of Kanchipuram District at Chengalpattu to accept the surrender of the Appellant/Accused in the aforesaid case and consider his Bail Application on the same day. This Court by the order dated 04.02.2020 has directed the Petitioner to surrender before the Trial Court within a period of 2 weeks from the date of receipt of a copy of that order, and on such surrender, the Trial Court shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A of the SC/ST Act. Accordingly, the Appellant/Accused has surrendered before the Trial Court on 18.02.2020 and also filed Crl. M.P. No. 1072 of 2020 under Section 439 of Cr.P.C. seeking bail. The Trial Court has accepted the surrender of the Appellant/Accused, but dismissed the Bail Application (Crl. M.P. No. 1072 of 2020) by the order dated 18.02.2020 and remanded the Appellant/Accused to the judicial custody, and from that date onwards, the Appellant/Accused is in custody.
4. Aggrieved by the aforesaid order, the Appellant/Accused has filed the present Appeal.
5. This Court has sent a notice to the Second Respondent/De-facto Complainant, and on receipt of the said notice, the Second Respondent/De-facto Complainant has also appeared in person and opposed for granting bail to the Appellant/Accused.
6. The learned Counsel for the Appellant/Accused has submitted that the Appellant/Accused his running a Hotel at E.C.R. Road, Chennai, and the Second Respondent/De-facto Complainant's friend, viz., Srisuju, approached the Appellant/Accused on 28.05.2019 representing that she is working in a Private Company and she will make arrangements for getting loan of Rs.5,00,000/- (Rupees Five Lakh only) for developing the business
