Rs barathi case state appeal THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.A.No.249 of 2020 The State rep.by. Assistant Commissioner of Police, Central Crime Branch–At the same time this Court is also like to place on record that persons who are holding high office like accused who is not only senior member of the Bar and Member of Rajya Sabha and belong to political party and have several followers to follow him, he should show restraint while making any such remarks. Whether or not such remarks amount to offence or humiliation, such remarks should not lead to give an impression that same offends any section of society. Therefore the leaders who are in public life not only have responsibility but also constitutional —judge
THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Delivered on
19~06~2020 23~06~2020
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.A.No.249 of 2020
The State rep.by.
Assistant Commissioner of Police,
Central Crime Branch
Vepery,Chennai.
(Cr.No.214 of 2020) .. Appellant/Respondent
.Vs.
Mr.R.S. Bharathi .. Respondent/Petitioner/Accused
Mr.Kalyana Sundaram .. Respondent/Respondent/
Defacto Complainant
Prayer: Appeal filed under Section 14A of the SC & ST (Prevention of
Atrocities) Act 1989 to set aside the order passed in Crl.M.P.No.7506 of 2020
dated 01.06.2020 granting bail to the respondent by Learned Special Judge at
Chennai under SC & ST (Prevention of Atrocities) Act 1989.
For Appellant : Mr. K. Prabhaharan
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Additional Public Prosecutor
For Respondents : Mr.R.Shunmugasundaram
Senior Counsel for
Mr.S. Manuraj [for R1]
Mr.V. Raghavachari
Counsel for
Mr.C.P. Palaniswamy [for R2]
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.7506 of 2020 dated 01.06.2020 granting bail to the respondent by
Learned Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act
1989.
The brief facts leading to file this Appeal is as follows:
2(a) The First Information Report came to be registered on 12.03.2020 by
the Inspector of Police, E-3 Teynampet Police Station in Cr.No.119 of 2020 u/s
3(1)(u) and 3(1)(v) of SC/ST (Prevention of Atrocities) Act 1989 for the alleged
contents and derogative statements made against the late Honourable Justice A.
Varadharajan and other 7 or 8 of lower caste Judges of the High Court. The basis
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normally the cancellation of the bail will be ordered. Since the cancellation of the
bail jeopardise the personal liberty of the person the cancellation cannot be made
in routine manner. This Court perused the order of the trial court, the trial Court
has considered all the relevant materials and relevant aspects and indicated
reasons and exercised discretion judicially. Therefore, when there is no
supervening circumstances available in the matter, mere whims of the State, the
bail granted cannot be cancelled.
It is not the case of the State that the accused disobeyed the bail
conditions or misused the privilege of bail. Now it is well settled by various
pronouncements that normally bail would be cancelled when it is established that
(1) when the accused is involving in tampering of evidence during the
investigation or during the trial. (2) When the person on bail commits similar
offence or any heinous offence during the period of bail. (3) when the accused
has absconded during the trial and the case is delayed on that account. (4) When
the offence so committed by the accused that created serious law and order
problem in the society. (5) The accused is becoming hazard to the peaceful living
of the people. (6) when the superior court found that the lower court exercised his
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[6/23, 18:15] Sekarreporter 1: Crl.A.No.249 of 2020
judicial power wrongly. (6) when the accused has misused the privilege of bail.
These are all the illustrative circumstances to cancel the bail. In the present case
no circumstances shown by the State or the Defacto complainant for cancelling the
bail. Hence this Court find that there is no merit in the appeal. Accordingly, the
appeal is liable to be dismissed.
In the result, the Criminal Appeal is dismissed.
23.06.2020
ggs
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Crl.A.No.249 of 2020
be curtailed when the trial Court has exercised discretion properly in a judicial
manner and granted bail.
- As rightly pointed out by the learned Senior Counsel for the accused, the
contents in the CD is always depends upon the proof and its authenticity. These are
all the matter of evidence which has to be adduced by the prosecution at the time of
trial. Therefore, at this stage, merely on the basis of the alleged contents and
allegations this Court cannot come to the definite conclusion that such allegations are
made by the accused. These are all matter of evidence before the trial Court. In
such a view of the matter, this Court do not want to express anything on merits.
At the same time this Court is also like to place on record that persons who are
holding high office like accused who is not only senior member of the Bar and
Member of Rajya Sabha and belong to political party and have several followers to
follow him, he should show restraint while making any such remarks. Whether or not
such remarks amount to offence or humiliation, such remarks should not lead to
give an impression that same offends any section of society. Therefore the
leaders who are in public life not only have responsibility but also constitutional
duty to promote harmony and the spirit of common brotherhood amongst all the
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