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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
Marlena Ann and Another – Appellants
Versus
State Rep. by the Assistant Commissioner of Police, Tharamani and Others – Respondents
Crl. Appeal No. 179 of 2024
Decided On : 01-03-2024
Scheduled Castes and Schedules Tribes - Bail - Sections 294(b), 324, 325, 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Summary of Acts and Sections: The court discussed the application of Sections 294(b), 324, 325, 506(i) of IPC along with Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The key legal provisions were interpreted in the context of the bail application and the influence of public view on the application of the Act.
Fact of the Case:
The appellants filed a Criminal Appeal to set aside the impugned order and enlarge the appellants on bail in connection with a case involving offences under Sections 294(b), 324, 325, 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court found that substantial portion of the investigation had been conducted, and the victim and her mother had been examined. The court granted bail to the appellants with specific conditions to ensure their appearance and conduct during the investigation and trial.
Issues: The issues involved the alleged offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the conduct of the investigation, and the impact of the appellants' political connections on the case.
Ratio Decidendi: The court considered the progress of the investigation, the nature of the alleged offences, and the conditions necessary for granting bail, including the influence of public view on the application of the Act.
Final Decision: The impugned order was set aside, and the Criminal Appeal was allowed, granting bail to the appellants with specific conditions.
JUDGMENT :
M. NIRMAL KUMAR, J.
Prayer: Criminal Appeal filed under Section 14A(2) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to call for the records in Cr. M.P. No. 3037 of 2024 dated 06.02.2024, on the file of the Principal District and Sessions Judge, Chennai and to set aside the same and enlarge the appellants/accused 1 and 2 on bail in Crime No. 15 of 2024 on the file of the Inspector of Police, Thiruvanmiyur Police Station, Chennai.
1. This Criminal Appeal has been filed to set aside the impugned order in Crl. M.P. No. 3037 of 2024 dated 06.02.2024 passed by the learned Principal District and Sessions Judge, City Civil Court, Chennai and enlarge the appellants on bail in connection with Crime No. 15 of 2024 on the file of the second respondent Police.
2. This Court, on 28.02.2024, had passed the following order:
2. The learned Senior Counsel appearing for the appellants submitted that the appellants who are A1 and A2 in Crime No. 15 of 2024 for offence under Sections 294(b), 324, 325, 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, arrested by the 2nd respondent Police Station on 25.01.2024. In this case, since the 2nd appellant is a son of sitting MLA, the complaint has been politicalized giving wide adverse publicity creating sensation in the social media and print media. The 2nd respondent Police fearing for the adverse publicity, took hasty step in arresting the appellants. Earlier, the appellants approached this Court in Crl. O.P. No. 1548 of 2024 for consideration of the bail application. This Court, by order, dated 24.01.2024 granted two weeks time to the appellants to approach the concerned Court by filing appropriate petition which is the usual practise followed. As per Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, notice to be given to the victim, but in a haste manner, arrest made on the next day without giving opportunity for the appellants to comply the order of this Court and make submissions and explain the true facts with supporting materials.
3. The learned Senior Counsel further submitted that the victim girl was taken in employment as domestic help for monthly salary of Rs. 16,000/-. The victim girl was provided with separate room with attached bathroom and toilet and she was treated as one of the family members of the appellants. Referring to the photographs taken on the birthday of the victim girl on 25.12.2023 celebrated in the farm house, the learned Senior Counsel submitted that the victim girl found in happy mood, showing how she was treated as a family is explicit. He further submitted that on 14.01.2024, the appellants left the victim girl in her parents house at Ulunthurpet and thereafter, they proceeded to Salem by road and stayed in Radisson Hotel, Salem from 14.01.2024 to 16.01.2024, but the complaint projected against them is that on 15.01.2024, the victim girl was beaten in public at Thiruvanmiyur bus stand using stick and ladle. The complaint is projected in such a way as though the victim girl was injured, got treatment in hospital and from there, information sent to the 2nd respondent Police and the 2nd respondent Police came there, received the complaint, registered FIR. He further submitted that the victim girl was admitted to Amrita Vishwa Vidyapeetham to study Bachelor of Business Administration on 07.09.2023. The fee of Rs. 25,500/- and capitation fee of Rs. 25,000/- paid by the appellants.
4. Mr. B. Mohan, learned counsel appearing for the 3rd respondent submitted that the victim girl employed through Chitra Agency by the appellants, her mother as single parent took care of her. The victim girl is a bri
The main legal point established in the judgment is the consideration of the nature of the alleged offences and the conditions necessary for granting bail under the Scheduled Castes and Scheduled Tri....
The court's decision was influenced by the progress of the investigation, the nature of the offenses, and the potential impact on the complainant in granting bail to the appellants.
The completion of investigation, filing of the charge sheet, and the requirement to complete the trial within a specified period under Section 14 of SC/ST Act influenced the court's decision to grant....
The court emphasized the importance of following the mandatory requirements under Sec. 15-A of the Atrocities Act, which safeguards the rights of victims of caste-based atrocities and witnesses, incl....
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
The prosecution's duty to disclose the inclusion of SC/ST Act and the details of the case in bail applications, and the court's discretion to grant bail with specific conditions.
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
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