Madras High Court

CRL A/904/2019 of ASHARUTHIN Vs STATE REP BY ITS on 30 December 2019

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COURT OF JUDICATURE AT MADRAS DATED : 30.12.2019 CORAM THE

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.12.2019CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHANCriminal Appeal No.904 of 2019

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1. Asharuthin S/o.Nazer

2. Yasin S/o.Abbas.. Appellantsversus

1. State represented by its Inspector of Police, Palladam Police Station, Tiruppur District. Crime No.1317/2019

2. Nagaraj S/o.Murugan.. Respondents

Prayer: Criminal Appeal filed u/s.14(A) of the Scheduled Castesand the Scheduled Tribes (Prevention of Atrocities) AmendmentAct, to set aside the order passed in Crl.M.P.No.1546 of 2019dated 16.12.2019 by the learned Principal Sessions Judge,Tiruppur and to enlarge the petitioners on bail in connectionwith Crime No.1317 of 2019 on the file of the first respondent.

For Appellants :Mr.P.KalimuthuFor Respondents:Mr.T.ShunmugarajeswaranGovernment Advocate [R1]

The appellants are shown as accused in Crime No.1317 of2019 on the file of Palladam Police Station for offences u/s.294(b), 323, 506(i) IPC r/w Section 3(2)(v)(a), 3(1)(r)(s) of SC/ST(POA) Amendment Act, 2015. They are in custody since 02.12.2019.Their application for bail was dismissed by the Court below.Aggrieved over the same, this appeal has been filed.

2. The de facto complainant has also been notified. 3. It is seen that the victim did not suffer any injury.The appellants are in custody for almost a month. Theircontinued incarceration is not necessary. By granting bail,investigation will not suffer any prejudice. Hence, the impugnedorder denying bail is set aside and the Criminal Appeal isallowed.

4. Accordingly, the appellants are directed to be enlargedon bail subject to the condition that each of them execute abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) withtwo sureties each for a like sum to the satisfaction of learnedJudicial Magistrate, Palladam and further, the appellants aredirected to appear before the respondent police on every Mondayat 05.30 p.m. pending investigation.

//True Copy//

Sd/-

Assistant Registrar

sri/gm

Sub Assistant Registrar

To

1. The Judicial Magistrate, Palladam. Palladam.

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

3. The Superintendent of Central Prison, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Kalimuthu, Advocate, S.R.No. 106852

Criminal Appeal No.904 of 2019

PPA(CO)GN(30/12/2019)

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