The Single Judge allowed the criminal appeal and set aside the order dismissing bail. The appellant was released on bail conditionally, requiring a bond with sureties and restrictions on movement, leaving the jurisdiction, or interfering with the trial.
Appellant released on bail on Rs.10,000 bond with two sureties; conditions imposed on movement and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.A.NO.582 OF 2021
Palanivel S/o, Ayyamperumal ... Appellant/Petitioner/ Accused No.3
Versus
PRAYER:-
Criminal Appeal filed under Section 14(A)(2) of SC/ST Act 1989, to set aside the order passed by the learned Sessions Judge, Salem, Salem District, in Crl.M.P.No.4344 of 2021 dated 10.11.2021 and enlarge the appellant on bail in Crime No.455 of 2021 pending on the file of the Inspector of Police, Thalaivasal Police Station, Salem
For Appellant : Mr.E.Kannadasan For R1 & R2 : Mr.S.Sugendran Government Advocate (Crl.Side) For R3 : Mr.A.Ramesh
JUDGMENT
This Criminal Appeal has been filed against the order of dismissal of the bail application dated 10.11.2021 passed in Crl.M.P.No.4344 of 2021 on the file of the learned Principal Sessions Judge, Salem.
6. Heard the counsels.
(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(b) the appellant on their release from prison shall stay at Salem and report before the Salem Town Police Station, daily at 10.30 a.m. until further orders. The appellant shall not leave the jurisdictional limits.
(c) the appellant shall not commit any offences of similar nature;
(d) the appellant shall not abscond during trial;
(e) the appellant shall not tamper with evidence or witness during trial;
(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
| mfa | ||
|---|---|---|
| To | ||
| 1. | The Principal Sessions Judge, Salem. |
|
| 2. | The Judicial Magistrate No.II, Attur. |
|
| 3. |
The Deputy Superintendent of Police, Attur, Salem District. |
|
| 4. |
The Inspector of Police, Thalaivasal Police Station, Salem District. |
|
| 5. |
The Public Prosecutor, High Court, Madras. |
|
| 6. | The Record Keeper, Criminal Section (Records), High Court, Madras. |
|
| Copy | To:- | |
| The Superintendent, District Prison, Attur. |
||
| +1cc | to Mr.E.Kannadasan, Advocate, S.R.No.6 | 4101 |
| CRL.A.NO.582 OF 2021 | ||
| SR(CO PBS/0 |
) 7/12/2021 |
1 issue framed by the court
Whether bail should be granted to the appellant accused under an offence under the SC/ST (Prevention of Atrocities) Act.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶30
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 3 enactments
Palanivel S/o, Ayyamperumal
State Represented by The Deputy Superintendent of Police, Attur, Salem District
Inspector of Police, Thalaivasal Police Station, Salem District
S.Poovarasan
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.D.Jagadish Chandira
Parties & counsel
