The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 14(A)(2) of SC/ST (POA) Act, 1989 to set aside the order passed in Crl.M.P.No.195 of 2023 dated 20.02.2023 passed by the Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 Thiruvannamalai and consequently enlarge the appellant on bail in respect of Crime No.33 of 2023 on the file of the Deputy Superintendent of Police, Polur Sub Division Station, Thiruvannamalai District, pending investigation.)

1. This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.195 of 2023 dated 20.02.2023 passed by the Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and consequently enlarge the appellant on bail.

2. The respondent police registered a case in Crime No.33/2023 against the appellant and other accused for the offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 307 & 506(ii) IPC r/w Sec.3(l)(r), 3(l)(s), 3(2)(v) of SC/ST (POA) Act. The appellant filed a petition in Crl.M.P.No.195 of 2023 to grant bail to him and the same was dismissed by the above said Judge, vide order dated 20.02.2023. Challenging above said order, this criminal appeal has been filed.

3. The learned counsel for the appellant submitted that, the appellant is in custody from 25.01.2023. He further submitted that A1 Jayasankar was granted anticipatory bail by this Court in Crl.O.P.No.6154 of 2023 on 17.03.2023. Since the petitioner is in custody from 25.01.2023, and the injured also discharged from the hospital, seeks to grant bail.

4. When the matter is taken up, the learned Additional Public Prosecutor objected to grant bail to the appellant and contended that this is second bail petition and previous bail petition was dismissed by this Court.

5. Despite notice has been served to the third respondent and his name is printed in cause list, there is no representation for the third respondent and none appeared on his behalf.

6. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials on record.

7. A perusal of the records, the fact reveals that one Chandrasekaran gave a complaint alleging that on 24.01.2023 at about 9.30 a.m., in connection to a dispute of constructing a compound wall, the accused persons along with others assaulted him with stick and he sustained fracture injury on his hand and consequently, he had taken treatment. It is his further allegation that the accused abused him using caste name. It is the allegation in the complaint that only two persons, viz., Jayasankar and Sasikumar assaulted him with stick and caused injuries on his hand and now the victim also discharged from the hospital. The accused Jayashankar was granted anticipatory bail by this Court in Crl.O.P.No.6154 of 2023, on 17.03.2023.

8. In these circumstances, considering nature of allegations against the petitioner and as he is in custody from 25.01.2023, this Court is inclined to grant bail to the appellant with some conditions.

9. Accordingly, this Criminal Appeal is allowed by setting aside the impugned order dated passed in Crl.M.P.No.195/2023 and bail is granted to the appellant with the following conditions.

(i) The appellant is directed to be enlarged on bail on condition that the appellant shall execute 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989, Thiruvannamalai.

(ii) the appellant and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(iii) the appe