Sakthivel v. State by Inspector of Police, Marakkanam Police Station, Villupuram District
2017-08-04
N.AUTHINATHAN
body2017
DigiLaw.ai
JUDGMENT : 1. The appellants are the accused in Crime No.386 of 2017 on the file of Marakkanam Police Station, Villupuram District. Their bail application for the alleged offences under Sections 147, 294(b), 323 IPC r/w Section 3 (1) (r) and (s) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Act, 2015 was dismissed by the Court below. Aggrieved by the order of dismissal, the appellants approached this Court by way of this Appeal. 2. The case of the prosecution is that the appellants, who are not members of the Scheduled Caste, abused and intimidated the prosecution parties, who are members of Scheduled Caste, within public view. 3. The learned Government Advocate [Criminal Side] appearing for the respondent would submit that the investigation in this case is pending and the appellants family has also lodged complaint against the family members of the de facto complainant and it is also pending investigation. He has not raised any serious objection, as the antecedents of the appellants are not bad. 4. The victim/de facto complainant was put on notice by the Government Advocate [Criminal Side] of this proceeding. She has appeared before this Court and submitted that, if released the appellants will unleash atrocities against her family members and prayed for dismissal of bail. 5. The learned counsel appearing for the appellants would submit that the son of the de facto complainant misbehaved with the sister of the appellants, who is aged 11, and that was questioned by their father and a complaint in that connection has also lodged on the file of the same Police in F.I.R.No.385 of 2017 dated 09.07.2017. According to him, the present complaint has been filed in counter to the said complaint and the appellants have been falsely implicated. He would also point out that the appellants have been in custody from 10.07.2017. 6. I have perused the records. The offences under the provisions of Section 3 (1) (r) and s of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Act, 2015 are the only non-bailable offences. It provides for maximum punishment of five years imprisonment. Admittedly, there is no serious injury has been caused to anybody. The antecedents of the appellants are not reported to be poor. Allegations and counter allegations have been made and cases have also been filed. The parties belong to the same Village.
It provides for maximum punishment of five years imprisonment. Admittedly, there is no serious injury has been caused to anybody. The antecedents of the appellants are not reported to be poor. Allegations and counter allegations have been made and cases have also been filed. The parties belong to the same Village. The apprehension of the de facto complainant can be taken care of by imposing suitable conditions. The appellants have been in custody since 10.07.2017. It is not said that their further incarceration is necessary for completing the investigation. Therefore, I am inclined to grant bail to the appellants subject to the following conditions. 7. Accordingly, the appellants are ordered to be released on bail, on each of them executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge for Special Court for Exclusive Trial of Cases registered under Prevention of Atrocities Act, 1989, Villupuram and on further condition that the appellants shall stay at Madhuranthagam and report before the Inspector of Police, Madhuranthagam Police Station, Kancheepuram District, daily at 9.00 a.m. until further orders. 8. In the result, the Criminal Appeal is allowed.