Madras High CourtCRL A/1466/2024dismissed

Premakumari v. State By

2024-11-26Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Premakumari ... Appellant Vs.

State by:

1.The Deputy Commissioner of Police, New Washermenpet, Tondiarpet, Chennai.

2.The Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

3.Saraswathi 4.Meena ... Respondents PRAYER: Criminal Appeal filed under Section 14A(2) of SC and ST (Prevention of Atrocities) Act to set aside the bail order dated 25.10.2024 passed by the Court of Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act, Principal Sessions Court, Chennai in Crl.M.P.No.30138 of 2024.

Page No.1 of 4

For Appellant :

Mr.J.Ramkumar For Respondents :

Dr.C.E.Pratap Government Advocate (Crl. Side)

JUDGMENT

The appeal challenges the order passed by the learned Sessions Judge granting bail to the second and third respondents herein against whom an FIR is pending in Crime No.829 of 2024 for the alleged offence under Sections 296(b), 115(2), 351(3) of BNS and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989.

2.The only ground of challenge is that after the order passed by the learned Sessions Judge, the third respondent had committed another offence by causing hurt to the child of the appellant. Since the learned counsel for the appellant is unable to point out any infirmity in the bail order and sought to cancel the bail order only due to supervening circumstances, namely, that the third respondent had misused the liberty, this appeal cannot be entertained. However, the appellant is at liberty to approach the learned Judge if he make out a case for cancellation of bail. Page No.2 of 4

3.In the result, the Criminal Appeal stands dismissed. 26.11.2024 Index : Yes/No Speaking Order/Non Speaking Order cse To 1.The Deputy Commissioner of Police, New Washermenpet, Tondiarpet, Chennai.

2.The Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

3.The Special Judge/Principal Sessions Judge, Court of Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act, Chennai.

4.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

SUNDER MOHAN, J.

cse 26.11.2024 Page No.4 of 4