Anbil Sundharabharatham vs State And Others

G.Ilangovan, J

This Criminal Appeal has been filed to call for the records relating to the order dated 19.01.2023 made in Cr.M.P.No.47 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni and set aside the same

The case of the prosecution in brief:

The defaco complainant has lodged a complaint stating that he is owning a agricultural land in Survey No.395/4A in Nehruji Nagar, in which drumstick trees were planted by him. The President of Mayiladumparai has demanded Rs.1,00,000/- for not taking the encroachment removal, but he did not pay the money. Over the above said refusal, on 02.01.2023 at about 2.00 p.m., the accused by using JCB vehicle, destroyed the drumstick trees in the above said land. On hearing the information from his uncle, the defacto complainant visited the place and found the above said damage, over which, his son gave a complaint. After that, the accused visited the place, he objected and enquired about the damage and he incriminated and abused the defacto complainant in filthy language. Over the above said occurrence, a case was registered and this petitioner was arrested and remanded in custody on 06.01.2023. For seeking bail, he moved a application before the Special Court for Trial of Cases under SC/ST (PoA) Act, Theni, the same was dismissed on 19.01.2023, against which, this appeal has been preferred.

The learned counsel for the appellant would submit that absolutely no trees were planted in the above said place. Due to the Panchayath resolution to remove the encroachment only, he made the above said leveling process. At that time, no drumstick trees were planted and no damage was also caused.

But however, the learned counsel for the defacto complainant would submit that at that time of leveling the above said ground, more than 40 drumstick trees were cut and removed. Further, in that place, new trees were planted .

The first respondent was directed to verify the above said submission of the parties. On that ground, the matter was listed today. The learned Additional Public Prosecutor would submit that the drumstick trees were planted in the above said disputed property and that have been damaged. Even in the First Information Report, their worth is mentioned as Rs.20,000/-.

In respect of the co-accused, a direction has been issued by this Court in Crl.O.P(MD) No.1361 of 2023 to consider the bail application on the date of surrender itself and some of the co-accused have been granted the regular bail.

Since the damage to the drumstick trees have been noticed and removal of the same are taken as true on the basis of the photographs and the submission made by the learned Additional Public Prosecutor.

Considering the above facts and circumstances of the case, grant of bail to the co-accused by the trial Court and also the fact that the appellant is in judicial custody from 06.01.2023, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 19.01.2023 made in Crl.M.P.No.47 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni.

Accordingly, the Criminal Appeal is allowed and the order dated 19.01.2023 made in Crl.M.P.No.47 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, is set aside. The appellant is ordered to be released on bail on her 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 Special Court for Trial of Cases under SC/ST (POA) Act, Theni, and on further conditions that:

[a] the appellant is directed to deposit Rs.15,000/- to the credit of this crime number before the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, within a week from the date of release from the prison.

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.

[c] the appellant shall stay away from the occurrence place and shall appear before Aundipatti Police Station daily at 10:30 a.m., until further orders.

[d] the appellant shall not tamper with evidence or witness either during investigation or trial.

[e] the appellant shall co-operate with the investigation.

[f] On breach of any of the aforesaid conditions, the learned Sessions Judge/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 Sessions Judge/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 229-A IPC.

List the matter on 16.02.2023 for reporting compliance.