Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody

JUDGMENT :

T. KRISHNAVALLI, J.

Prayer: This Appeal is filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order, dated 23.06.2021 in Crl. M.P. No. 660 of 2021 in Spl. S.C. No. 22 of 2021 on the file of the III Additional District and Sessions (PCR) Court, Madurai and enlarge the appellant on bail.

1. Heard Mr. P. Karthick, learned counsel appearing for the appellant and Mr. R.M.S. Sethuraman, learned counsel for State Government (Crl. Side) appearing for R1 and Mr. A. Vignesh, learned counsel for Mr. R. Alagumani appearing for R2.

2. This Criminal Appeal has been filed to set aside the dismissal order of the bail petition in Crl. M.P. No. 660 of 2021 on the file of the learned III Additional District and Sessions Judge (PCR), Madurai, dated 23.06.2021.

3. The Appellant, who arrested and remanded to judicial custody on 05.03.2021, for the offence punishable under Sections 147, 148, 149, 302, 120(b), 341, 342 and 34 IPC r/w Section 3(2)(v) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989, on the file of the respondent police, seeks appeal bail.

4. The learned counsel appearing for the appellant would submit that the appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody from 05.03.2021 onwards.

5. Mr. R.M.S. Sethuraman, learned counsel appearing for State Government (Crl. Side), on instructions, would submit that the appellant herein is arrayed as A1. He would further submit that if the appellant/A1 is released on bail, he will tamper with the prosecution witnesses and hamper the investigation and therefore, he strongly opposed to grant bail to the appellant.

6. Mr. A. Vignesh, learned counsel appearing for R2 has strongly opposed to grant bail to the appellant.

7. Considering the above facts and circumstances of the case, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 23.06.2021 made in Crl. M.P. No. 660 of 2021 on the file of the learned III Additional District and Sessions Judge (PCR), Madurai.

8. Accordingly, the Criminal Appeal is allowed and the order, dated 23.06.2021 made in Crl. M.P. No. 660 of 2021 on the file of the learned III Additional District and Sessions Judge (PCR), Madurai, is set aside. The appellant is ordered to be released on bail on his executing 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 III Additional District and Sessions (PCR) Court, Madurai and on further condition that:

(a) The appellant shall appear before the concerned court, daily at 10.30 a.m. until further orders.

(b) The appellant shall not tamper with evidence or witness either during investigation or trial.

(c) The appellant shall not abscond either during investigation or trial.

(d) On breach of any of the aforesaid conditions, the Trial Court is entitled to take appropriate action against the appellant in accordance with law, as if the conditions have been imposed and the appellants released on bail by the Trial Court itelf as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala, (2005) AIR SCW 5560.