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Judgment
The appellant, who was arrested on 10.10.2017 for the offence punishable under Sections 147, 148, 294(b), 323, 324 of IPC and Section 3
(1) (r), 3 (1) (s), 3 (2) (Va) of SC/ST (POA) Act, 2015 in Crime No.316 of 2017 on the file of the respondent Police, seeks bail.
The case of the prosecution is that all the accused are said to have used the caste name of the de facto complainant in the Hotel, in which the de
facto complainant was taking food and the accused are said to have attacked with brick stones on the head of the de facto complainant and one
another and caused injuries.
The learned Additional Public Prosecutor appearing for the respondents Police on instruction would submit that totally there are 6 accused in
this case and the appellant herein is arrayed as A1. He further submitted that the alleged occurrence took place on 28.07.2017 and the appellant
was arrested on 10.10.2017 and the injured were discharged from the hospital on 15.08.2017. He also submitted that A3, A4 & A5 were
arrested and remanded to the custody and other accused are still absconding. He further submitted that the bail petition moved by the petitioner in
Crl.M.P.No.3342 of 2017 before the Principal Sessions Judge, Theni, was dismissed. Against that order of dismissal, the appellant prefer the
present appeal, seeking bail. He also submitted that the appellant has no similar type of previous case and the investigation is still pending.
The learned counsel for the appellant submitted that the appellant is falsely implicated in this case and he has not committed any offence as
alleged by the prosecution. He further submitted that there is no such occurrence took place.
Considering the facts and circumstances of the case and also considering the fact that the injured were discharged from the hospital and there is
no specific overt act attributed against the appellant, this Court is inclined to grant bail. Accordingly, the Criminal appeal is allowed and the
appellant is ordered to be enlarged on bail subject to the following conditions:-
[a] The appellant shall execute 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 Judicial Magistrate, Periyakulam, Theni District.
[b]the appellant shall report before the respondent Police, daily at 10.30 a.m., until further orders.
[c] the appellant shall not tamper with evidence or witness either during investigation or trial.
[e] the appellant shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned 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].