Arumugam v. State represented by the Deputy Superintendent of Police, Madurai
2019-02-07
T.KRISHNAVALLI
body2019
DigiLaw.ai
JUDGMENT : 1. Heard Mr. B. Jameel Arasu, learned counsel appearing for the appellants, Mr. A. Robinson, learned Government Advocate (Criminal Side) appearing for the first and second respondents and Mr. S. Paul Murugesh, learned counsel appearing for the third respondent/defacto complainant. 2. This Criminal Appeal has been filed to set aside the order, dated 02.02.2019, passed in Cr.M.P.No.138 of 2019, by the learned IIIrd Additional District and Sessions Judge (PCR cases) Court, Madurai, and enlarge the appellants on bail, in connection with Crime No.34 of 2019, on the file of the respondent Police. 3. The Appellants, who were arrested and remanded to judicial custody on 30.01.2019, for the offences punishable under Sections 147, 294(b), 323, 341, 365 of IPC., and Section 3(2)(va) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.34 of 2019, on the file of the respondent police, seek appeal bail. 4. The learned counsel appearing for the appellants would submit that the appellants have been falsely implicated in this case and the injured have been discharged from the hospital and the appellants are in custody from 31.01.2019 onwards. 5. The learned counsel appearing for the third respondent/defacto complainant would fairly submit that the appellants and the third respondent/defacto complainant are residing in the same village. There was a wordy quarrel between them, the defacto complainant/third respondent lodged a complaint against the petitioners. The third respondent is appeared in person and stating that due to some misunderstanding, the occurrence has happened and with the advice of the villagers, the matter is likely to be settled. 6. The learned Government Advocate (criminal side) appearing for the respondent police, on instructions, would submit that the appellants herein are arrayed as A1 to A7 respectively. He would further submit that the injured was discharged from the hospital and the investigation is still pending, if the petitioners/accused are released on bail, they will tamper with the prosecution witnesses and hamper the investigation and therefore, he objected to grant bail to the appellants. 7. Considering the above facts and circumstances of the case and also considering the fact that the injured have been discharged from the hospital, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 02.02.2019, passed in Crl.M.P.No.138 of 2019, by the learned IIIrd Additional District and Sessions Judge (PCR cases) Court, Madurai. 8.
7. Considering the above facts and circumstances of the case and also considering the fact that the injured have been discharged from the hospital, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 02.02.2019, passed in Crl.M.P.No.138 of 2019, by the learned IIIrd Additional District and Sessions Judge (PCR cases) Court, Madurai. 8. Accordingly, the Criminal Appeal is allowed and the order, dated 02.02.2019, passed in Crl.M.P.No.138 of 2019, by the learned IIIrd Additional District and Sessions Judge (PCR cases) Court, Madurai, is set aside. The appellants are ordered to be released on bail on each of them 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 learned IIIrd Additional District and Sessions Judge (PCR cases) Court, Madurai, and on further condition that : [a] the appellants shall appear before the learned Judicial Magistrate, Tirumangalam, daily at 10.30 a.m., until further orders. [b] the appellants shall not tamper with evidence or witness either during investigation or trial. [c] the appellants 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 appellants in accordance with law, as if the conditions have been imposed and the appellants released on bail by the Trial Court itself as laid down by the Hon’ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) AIR SCW 5560].