An appeal against dismissal of bail in a case of caste-name abuse and cheating arising from a matrimonial dispute; parties reconciled through mediation and the High Court granted regular bail.
Regular bail granted on bond of Rs.10,000 with two sureties; impugned trial court order set aside; liberty to pursue quashing.
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Crl.A.No.39 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 3/12/2024
C O R A M
THE HONOURABLE Mr.JUSTICE SUNDER MOHAN
C riminal Appeal No.39 of 2024
Sathish ... Appellant
Vs
PRAYER: Appeal filed under Section 14 A (2) of SC & ST Act, to set aside the order dated 19/12/2023 made in Crl.M.P.No.6262 of 2023 passed
by the learned Principal District and Sessions Judge, Thiruvallur.
For appellant ... Mr.A.P.Sathyamurthy For respondents ... Dr.C.E.Pratap Government Advocate (Criminal Side) for R.R.1 and 2
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Crl.A.No.39 of 2024
Ms.B.S.Ajeetha Legal Aid Counsel for R.3 through V.C
J U D G M E N T
This Criminal Appeal has been filed to set aside the order dated 19/12/2023 made in Crl.M.P.No.6262 of 2023 passed by the learned Principal District and Sessions Judge, Thiruvallur.
pursuant to the complaint. He filed a petition for bail before the trial Court which was dismissed by the order dated 19th December, 2023.
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Crl.A.No.39 of 2024
appellant submitted that the case was initiated only due to a matrimonial dispute and the appellant is willing to live with the defacto complainant. Hence, this Court, referred the parties to Mediation and Conciliation Centre, attached to this Court and directed the Mediation and Conciliation Centre to place the matter before Ms.Ajitha, Mediator. This Court hence released the appellant on interim bail on execution of a bond.
defacto complainant are present before this Court and unanimously submit that they have resolved their disputes and are now living together.
granted to the appellant on execution of 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 Principal District and Sessions Judge, Thiruvallur.
(ii). The appellant shall appear before the second respondent Police as and when required.
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Crl.A.No.39 of 2024
(iii). It is open to the parties to move the appropriate forum if they
intend to file a petition for quashing the proceedings.
7. In view of the above, this Criminal Appeal is allowed and the impugned order, dated 23/10/2024 made in Crl.M.P.No.2205 of 2024 passed by the learned Sessions Judge, Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram is set aside.
8.The Legal Aid Services Authority shall pay the schedule fees to
Ms.B.S.Ajeetha, Advocate.
3/12/2024
mvs.
Index : Yes / No Neutral Citation: Yes/No
To
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Crl.A.No.39 of 2024
Gummidipoondi Thiruvallur District.
SUNDER MOHAN,J
mvs.
Crl.A.No.39 of 2024
3/12/2024
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1 issue framed by the court
Whether bail should be granted to the appellant whose bail application was dismissed by the trial court in a case involving caste abuse and matrimonial dispute.
3 provisions across 2 enactments
Sathish
The Deputy Superintendent of Police, Gummidipoondi, Thiruvallur District
The Inspector of Police, All Women Police Station, Gummidipoondi, Thiruvallur District
Sagunthala
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
