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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN, J.
Pamayan @ Nallathambi & Others – Appellants
Versus
The Deputy Supreintendent of Police, Thoothukudi & Another – Respondents
Crl. A. (MD). No. 793 of 2023
Decided On : 15-09-2023
Bail - SC/ST (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s) - Indian Penal Code - Sections 147, 148, 341, 294(b), 323, 324 - The court considered the offenses alleged under the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act, 1989. It reviewed the progress of the investigation and the circumstances of the case in granting bail to the appellant.
Fact of the Case:
The appellant and other accused allegedly committed offenses under various sections of the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act, 1989. The prosecution claimed that the appellants unlawfully assembled and assaulted the defacto complainant and others, causing injuries. The appellants filed a bail petition, which was dismissed by the Sessions Judge. The appellant appealed against this decision.
Finding of the Court:
The court considered the arguments of both sides and reviewed the available evidence. It noted that there was an altercation between the appellants and the defacto complainant, leading to a counter case. The investigation was almost completed, and the appellants had been in custody since a specific date. Taking into account the period of incarceration, the court decided to allow the appeal and set aside the order of the Sessions Judge, granting bail to the appellant.
Ratio Decidendi: The court's decision to grant bail was based on the period of incarceration, the progress of the investigation, and the circumstances of the case. The court imposed certain conditions on the appellant's release, including staying at a specific location, reporting to the police station, not tampering with evidence or witnesses, and cooperating with the investigation. Breach of these conditions would result in appropriate action by the trial court.
Result: The Criminal Appeal was allowed, and the order of the Sessions Judge was set aside. The appellant was ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14 A (2) of SC/ST (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, to call for the records relating to the order in Cr.M.P.No.774 of 2023 dated 21.08.2023, on the file of the learned Special Court for Trial of Cases Registered Under SC/ST (POA) Act 1989, Thoothukudi and set aside the same and grant bail to the appellant by allowing this Criminal Appeal.)
1. This Criminal Appeal has been filed to set aside the impugned order passed in Crl.M.P.No.774 of 2023 dated 21.08.2023, on the file of the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi, and enlarge the appellant on bail in connection with Crime No.34 of 2023, on the file of the second respondent police.
2.1. According to the prosecution, the appellant and the other accused said to have committed the offences under Sections 147, 148, 341, 294(b), 323, 324 of IPC, Section 3(1)(r), 3(1)(s) of SC/ST (PoA) Act 1989.
2.2. According to the prosecution, on 28.07.2023, at about 05.00p.m., Pudur to Paralatchi road, nearby, Krishna Gas Godown, when the defacto complainant went to receive the money for driving JCB, one Kannan called him and saying that there was a problem at Anbu Mess and asked him to come there, and the defacto complainant went there, and at Anbu Mess when Kannan, Mareeswaran and the defacto complainant were talking about the problem, the appellants/accused and other accused were assembled unlawfully and scolded them with filthy language by using their caste name and assaulted them with sticks and stones, thereby caused injuries to them. Hence, the respondent Police registered a case in Crime No.34 of 2023 against the appellants, for the offences under Sections 147, 148, 341, 294(b), 323, 324 of IPC, Section 3(1)(r), 3(1)(s) of SC/ST (PoA) Act 1989. Hence, the appellants have filed a petition for bail in Cr.M.P.No. 774 of 2023, before the learned Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) Act, and the same was dismissed on 21.08.2023. Challenging the same, the appellant has preferred this Criminal appeal.
3. The learned counsel for the appellant would submit that the appellants were falsely implicated in this case and the same has not been considered properly. The defacto complainant had suppressed the truth and given a false narration, which is unacceptable. Further, it is a case and counter and the defacto-complainant and his men are aggressors. The appellants were arrested and remanded to the judicial custody from 31.07.2023. Under the said circumstance, he seeks bail.
4. The learned Government Advocate (Criminal Side) appearing for the State would submit that if the appellants/accused are released on bail, they will indulge in such offences; there is every chance of threatening and intimidating the witnesses; tampering with the investigation of the case, since the investigation has not been completed, as both parties are living in the same town, there is some dispute arose between two groups of people. Further he would submit that the injured persons are still taking treatment. Considering the seriousness of the offence, he seeks dismissal.
5. The learned counsel for the defacto complainant reiterated the above submission and stated that all the accused have attacked the defacto complainant brutally with sticks and stones. Till date there is a threat to the witnesses. Therefore, he seeks for dismissal of the bail petition.
6. This Court considered the rival submissions made on either side and perused the materials available on record.
7. Admittedly, there is an altercation between the appellants as well as the defacto complainant. Hence, a counter case has been registered. According to the prosecution, the investigation is almost completed. The appellants are confined at Sub-Jail, Thoothukudi, from 31.07.2023 onwards. Considering the period of incarceration, this Court is inclined to allow the Criminal Appeal by setting a
The court's decision to grant bail was based on the period of incarceration, the progress of the investigation, and the circumstances of the case.
The court considered the period of incarceration and the absence of a presiding officer in the Special Court as factors in granting bail to the appellant.
The main legal point established is that the decision to grant bail in cases involving serious charges and potential witness tampering or absconding should consider factors such as the accused's ante....
The court's decision to grant bail under the SC/ST (POA) Act was influenced by the circumstances of the case, including the previous enmity between the parties and the discharge of the injured.
The court considered the appellant's judicial custody, lack of previous similar or serious offenses, and the absence of serious injuries in the incident as grounds for allowing the Criminal Appeal an....
The main legal point established in the judgment is the consideration of the appellant's custody, previous cases, and specific allegations in determining eligibility for bail in a case involving the ....
The court considered the absence of previous cases and the discharge of the injured from the hospital as grounds for granting bail to the appellant.
The court considered the appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
The key legal principle established in the judgment is that the decision to grant bail should consider the presence of the accused at the scene of occurrence, the actions taken in similar cases, and ....
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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