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Madras High CourtCRL A(MD)/273/2018dismissed

Selvam v. The Deputy Superintendent Of

2018-06-19Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 19.06.2018

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.A.(MD)No.273 of 2018 Selvam ... Appellant Vs.

1. The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2. State Represented by The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

Crime No.262/2014

3. Sakthivel ... Respondents PRAYER: Criminal Appeal is filed under Section 14(A)(2) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1/2016, to call for the records pertaining to the order dated 14.05.2018 made in Cr.M.P.No.1423 of 2018, on the file of the learned II Additional District and Sessions Judge, Tirunelveli and to set aside the same and enlarge the appellant on bail in connection with the Crime No.262 of 2014, on the file of the respondent police.

For Appellant : Mr.D.Rameshkumar For RR1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

JUDGMENT

This appeal has been filed against the dismissal order passed by the learned II Additional District and Sessions Judge, Tirunelveli in Cr.M.P.(MD)No. 1423 of 2018, dated 14.05.2018. 2.The offence against the appellant is under Section 307 and 302 read with Sections 34 IPC, 3(2) (V) of SC/ST (PoA) Act, 1989 read with 120 (B) IPC @ 307, 302 IPC read with 34 IPC and Section 3(1)(r)(s), 3(2) (Va) of SC/ST (PoA) Amendment Ordinance, 2014 in Crime No. 262 of 2014.

3.On the side of the appellant, it is stated that the appellant was regularly attending the Court. Due to Jaundice, he was unable to attend the Court on 18.02.2016 hence, NBW was issued against him and he was arrested and remanded to judicial custody on 15.02.2018 in P.R.C.No.2 of 2015. Therefore, he prayed to set aside the order passed by the learned II Additional District and Sessions Judge, Tirunelveli in Cr.M.P.(MD)No. 1423 of 2018, dated 14.05.2018 and to release the appellant/accused on bail. 4.On the side of the respondent, it is stated that the offence is murder and the appellant was arrested by the police on 15.02.2018, i.e., after two years. It is further stated that the appellant is having three previous cases under Section 387 IPC and this case is posted for committal on 19.06.2018 and hence, he prayed to dismiss the appeal. It is further stated that the bail petition was already filed by the same appellant, before this Court in Crl.A. (MD).No.190 of 2018 and the same was dismissed on 20.04.2018 and this fact was suppressed by the appellant in this bail petition.

5. On the side of the appellant, it is further stated that the appellant/accused filed this appeal only against the dismissal order passed by the learned II Additional Sessions Judge, Tirunelveli, and not against the previous appeal in Crl.A.(MD).No.190 of 2018.

6. The appellant has not filed any document to show that he suffered from jaundice and due to that he was unable to appear before the learned Judicial Magistrate No.V, Tirunelveli. Though, Non-bailable warrant was issued against the appellant on 18.02.2016, even, after two years, the appellant does not come forward to surrender himself before the Court. Therefore, the Non-bailable Warrant was issued against him. Hence, the respondent police arrested the appellant and produced him before the Court. The case is pending for committal. At this stage, if the appellant is released on bail, there may be a delay in the committal proceedings.

7. Hence, this Criminal Appeal is dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge, Tirunelveli.

2. The Judicial Magistrate No.V, Tirunelveli.

3. The Chief Judicial Magistrate, Tirunelveli.

4. The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

5. The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

6. The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.

7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

8. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) SJI TE/RSK/SAR-1 : 26/06/2018 : 3P/10C Crl.A.(MD)No.273 of 2018 19.06.2018