Case title:
Sivankalai v. The Deputy Superintendent of Police; The Inspector of Police, Theni
Bench:
Justice G. Ilangovan
Parties:
Appellant: Sivankalai
Respondent: The Deputy Superintendent of Police, Theni;
The Inspector of Police, Theni.
SUBJECT:
The appeal was filed under Section 14A (2) of the Scheduled Castes and the Scheduled Tribes (Amendment Act), 2015, Amendment Act 1 of 2016, to set aside the order made by the Special Court of Trial of cases under SC/ST (POA) Act, Theni, dated to allow the appeal and enlarge the appellant on bail.
LEGAL PROVISIONS:
Appellant was arrested and remanded to judicial custody under section 510 of IPC r/w Section 3(1)(w)(ii), 3(2) (VA) of SC/ST (POA) Amendment Act 2015.
510. Misconduct in public by a drunken person. —Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
3.(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -
(w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient's consent;
OVERVIEW:
The complainant alleged that the accused had come to her in the market while she was purchasing vegetables around 8 pm and asked for her cell phone. The accused was in a drunken condition.
When she resisted, he caused trouble and started misbehaving. He then left after some time. Thereafter, she lodged a complaint for the same.
The appellant was arrested and remanded to judicial custody on 3rd December 2022. He has been in custody ever since. He moved to the special court, seeking bail but the request was dismissed by the court. Hence, he filed this present appeal.
ISSUES RAISED:
Whether the appellant can be released on bail?
ARGUMENT ADVANCED:
The advocate appointed by the complainant submitted that the petitioner was in a drunken mood and misbehaved with the victim. He contended that they (petitioner and his father) belonged to upper class and would cause trouble for the complainant if they were allowed to be released on bail.
The respondent submitted that the appellant has committed such crimes in the past and he is a habitual offender. He told the court that several proceedings against the petitioner have been initiated under sections 107 and 110 of Criminal procedure code. Aside from this it was submitted that the petitioner has two previous cases under IPC offences and he is a frequent trouble maker.
JUDGEMENT ANALYSIS:
The court considered the period of incarceration and that the above misbehaviour was allegedly caused the petitioner when he was drunk and directed the petitioner to file an undertaking affidavit before the court.
- The appellant produced the affidavit stating that the said incident was committed by mistake. Considering this affidavit, the court granted the bail to the appellant under certain conditions the court allowed the criminal appeal and ordered the appellant to be released on bail after executing a bond of 10,000 rupees with two sureties on conditions that-
- the appellant shall file an undertaking affidavit to the effect that he will not make any trouble to the defacto complainant in future;
- the appellant shall appear before the concerned court, daily at 10:30 a.m. until further orders;
- no tampering with evidence or witness either during investigation or trial.
- Shall not abscond either during investigation or trial
- If their aforesaid conditions are breached the court directed the trial court to take appropriate action against the appellant in accordance with law as laid down in P.K. Shaji vs. State of Kerala [(2005) AIR SCW 5560]
CONCLUSION:
Therefore, the court observed here that appeal maybe allowed and bail be granted but there are certain conditions that need to be taken note of such as filing an affidavit that such an act would not take place in future, report before the court as and when required, not abscond during the investigation nor tamper with evidence, etc.
