'Misbehaviour Caused In A Drunken Mood': Madras High Court Grants Bail To Accused In SC/ST Case

The Madras High Court recently granted bail to a man arrested for misbehaving with a woman belonging to the SC/ST Community. 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 Government 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 and 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 and grant bail 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 and 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 and remanded to judicial custody. The accused was booked under Section 510 IPC and Section 3(1)(w)(ii), 3(2)(va) of SC/ST (POA) in the case. The appellant was in custody since December, 2022. Though he had earlier moved the Special Court for bail, his application was dismissed. Against the dismissal, the appeal was filed before the High Court. 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. Case Title: Sivankalai v. The State and others Citation: 2023 LiveLaw (Mad) 49Click here to read/download the judgment

'Misbehaviour Caused In A Drunken Mood': Madras High Court Grants Bail To Accused In SC/ST Case

Upasana Sajeev

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