The Madras HC recently granted bail to a man arrested for misbehaving with a woman belonging to the SC/ST Community. This was seen in the matter of Sivankalai v. The State & others, Crl. A (MD) No. 18 of 2023; 03.02.2023 the matter was presided over by the honourable Justice Mr. G Ilangovan
FACTS OF THE CASE
While Justice G Ilangovan agreed that the man was not having good conduct, the court noted that considering the period of incarceration and the fact that the alleged act was done in a drunken state, the man was entitled to bail.
“The learned Govt. Advocate has also produced the list of cases. Perusal of the list shows that some of the cases have been disposed of and some of the cases ended in acquittal. This shows that the petitioner is not having & keeping good conduct. But however, considering the period of incarceration and also considering the fact that the above said misbehaviour was alleged to have been caused by the petitioner in a drunken mood, he was directed to file undertaking affidavit before this Court. He has also produced an undertaking affidavit stating that the above said occurrence was committed by mistake. Considering the above said undertaking affidavit, this Court is inclined to allow this appeal & grant ball to the appellant with certain conditions.”
The case of the prosecution was that while the complainant was at a market, the appellant came in a drunken mood & demanded her cell phone. When she objected the same, he caused trouble and also misbehaved with her and left the place.
The woman lodged a complaint based on which he was arrested & remanded to judicial custody. The accused was booked u/s 510 IPC & Section 3(1)(w)(1), 3(2)(va) of SC/ST (POA) in the case.
The appellant was in custody since Dec, 2022. Though he had earlier moved the Special Court for bail, his application was dismissed. Against the dismissal, the appeal was filed before the HC.
JUDGEMENT
The complainant and the prosecution opposed the bail, stating that the appellant had committed the offence in a drunken state and that he is a habitual offender. It was submitted that he is a frequent trouble maker. The court, however, was inclined to grant bail on certain conditions.
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JUDGEMENT REVIEWED BY YAKSHU JINDAL.
