Madras High CourtCRL A/721/2018dismissed

Janarthanan @ Sasi v. State By

2019-03-11Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.A.No.721 of 2018 Janarthanan @ Sasi ...

Petitioner /Accused 1 Vs State by, Station House Officer, All Women Police Station, Panruti.

(Crime No.09 of 2018) ... Respondent/Complainant PRAYER:

Criminal Appeal has been filed under Section 14(A) of SC/ST Act, to set aside the order passed in S.C.No.70 of 2018 in the pending trial on the file of the learned Sessions Judge, Mahila Court, in Crime No.09 of 2018 on the file of the respondent police.

For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.R.Ravichandran Government Advocate (Criminal Side)

O R D E R

This Criminal Appeal has been filed by the appellant to set aside the order passed in S.C.No.70 of 2018 in the pending trial on the file of the learned Sessions Judge, Mahila Court in Crime No.09 of 2018 on the file of the respondent Police.

2. The respondent police registered a case against the appellant for the offence under Sections 354 of IPC r/w Section 5 and 6 of POSCO Act 2012, and 3(1)(r), 3(1)(s) SC/ST Act.

3. During the investigation, the respondent police arrested the accused. Subsequently, the appellant has filed a petition to release him on bail before the learned Sessions Judge, Mahila Court, Cuddalore, in Crl.M.P.No.746 of 2018 in S.C.No.70 of 2018. After hearing the matter, the learned Sessions Judge, Mahila Court, Cuddalore dismissed the said petition. As against the dismissal order of the said Mahila Court, the accused has filed this appeal before this Court.

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4. This matter was posted for several adjournments till as on date. Today, when the matter is came up for hearing, the learned counsel appearing on behalf of the appellant seeks permission of this Court to withdraw the appeal. In this case, investigation has been completed and Charge sheet has also been filed and the trial has been commenced and considering the serious nature of the offence, this Court is not inclined to grant permission to withdraw this appeal.

5. Considering the facts and circumstances of the case, since there is a specific overt act against the appellant, this Court does not find any perversity in the order passed by the special Court. In the result, this Criminal Appeal is dismissed accordingly.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar sbn To 1.The Sessions Judge, Mahila Court, Cuddalore.

2. The Station House Officer All Women Police Station Panruti.

3.The Public Prosecutor, High Court, Madras.

4. The Section officer Criminal Section High Court, Madras 104.

Crl.A.No.721 of 2018 GJ(CO) SP(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/