CRL A(MD) No.450 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of May Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CRL A(MD) No.450 of 2024 SULLAN KARUPPAIAH ... APPELLANT/PETITIONER/ACCUSED 26 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, MANAMADURAI SUB DIVISION, SIVAGANGAI DISTRICT. ... 1st RESPONDENT/INVESTIGATION OFFICER 2 THE INSPECTOR OF POLICE PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.32/2018. ... 2nd RESPONDENT/COMPLAINANT 3 MAHESWARAN ... 3rd RESPONDENT/DE-FACTO COMPLAINANT Criminal Appeal filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records pertaining to the order dated on 10.07.2023 in Crl.MP.No.666 of 2023 on the file of the learned Special Court for Trial of Cases under SC/ST(POA) Act, Sivagangai and to set aside the same and enlarge the appellant on bail in connection with Crime No.32 of 2018 dated 29.05.2018 on the file of the respondent police by allowing this criminal appeal. Order : This Criminal Appeal coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of 1/5 https://www.mhc.tn.gov.in/judis CRL A(MD) No.450 of 2024 M/S.SIVAPRAKASH.S, Advocate for the Appellant and of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The appellant/26th accused, who was arrested and remanded to judicial custody on 31.08.2022 for the alleged offences punishable under Sections 120(B), 147, 148, 294(b), 324, 326, 307, 302, 379 (NH) IPC and Section 3 of PPDL Act and Sections 3 (1)(r)(s) and 3(2)(v) of SC/SC Act altered into Sections 120(B), 147, 148, 452, 294(b), 324, 326, 307, 302 (3 counts) IPC and of TNPPDL Act and Sections 3(1)(r)(s), 3(2)(v) and 3(2)(va) of SC/ST (PoA) Act, 2014 read with Section 149 IPC on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 28.05.2018, at about 9.00 pm, 29 persons led by one Suman, son of Chandrakumar armed with awards and sickles, went to the Pallars' residence at Kachanantham village and scolded them by their caste name and tried to kill some of the villagers. Hence a case has been registered for the above said offences. 3.The learned counsel for the appellant would submit that the appellant is an innocent person and he has been falsely implicated in this case. The appellant has earlier moved a bail petition before the Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Sivagangai in Crl.M.P.No.666 of 2023 and the same was dismissed on 10.07.2023. The appellant was arrested and remanded on 2/5 https://www.mhc.tn.gov.in/judis CRL A(MD) No.450 of 2024 31.08.2022 and he is in judicial custody in (*)Central Prison, Madurai District . Hence, the present appeal has been preferred by the appellant seeking bail. 4. Learned counsel for the appellant submits that there is a function in the appellant's family on 26.05.2024 for which the appellant's presence is imminent and seeks an order of bail and he also submits that the appellant is ready to abide by any condition imposed by this Court and seeks to grant bail to the appellant. 5. The learned Additional Public Prosecutor objects for grant of bail. However, he expresses his consent for grant of interim bail to the appellant herein. He would further submit that the appellant will be taken from the (*) Central Prison, Madurai District on 26.05.2024, to the Mahal where the function is going to be conducted. After the function is over, he will be taken back to the (*)Central Prison, Madurai District, in the evening itself. 6. The above said submission of the learned Additional Public Prosecutor is placed on record. The cost of escort shall be owned by the appellant. With the above observation, there shall be an order of interim bail on custody to the appellant on 26.05.2024, for one day from 08.00 am to 08.00 pm. Accordingly, the appellant is ordered to be released on interim bail, on executing own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Superintendent, (*)Central Prison, Madurai District . 3/5 https://www.mhc.tn.gov.in/judis CRL A(MD) No.450 of 2024 7. Post the appeal in the usual course. sd/- 23/05/2024 (*)CORRECTED AS PER LETTER DATED 25.05.2024 in CRL A(MD)No.450 OF 2024 / TRUE COPY / 25/05/2024 Sub-Assistant Registrar (CO) Madurai Bench of Madras High Court, Madurai - 625 023. ABR TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER SC / ST (POA) ACT, SIVAGANGAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT 3 DEPUTY SUPERINTENDENT OF POLICE, MANAMADURAI SUB DIVISION, SIVAGANGAI DISTRICT. 4 THE INSPECTOR OF POLICE PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT. 4/5 https://www.mhc.tn.gov.in/judis CRL A(MD) No.450 of 2024 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 cc to Mr.S.SIVAPRAKASH, Advocate, SR.No.24576 (F) DT.23/05/2024 ORDER IN CRL A(MD) No.450 of 2024 Date :23/05/2024 SA/SAR. /24.05.2024/5P/7C RK/DD (25.05.2024) 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5 https://www.mhc.tn.gov.in/judis