Duraipandi @ Pandi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Duraipandi @ Pandi ... Appellant versus

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur Town Sub Division, Karur District.

2. The Inspector of Police, Karur Town Police Station, Karur.

3. Sasmitha ... Respondents Appeal filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1/2016, to call for the records and set aside the order passed by the Hon'ble Vacation Sessions Judge, Karur in V.Crl.M.P.No.64 of 2024 dated 16.05.2024, consequently release the Appellant on bail in S.C.No.17 of 2021 on the file of the Principal District and Sessions Judge cum PCR Court, Karur in accordance with law within the time stipulated by this Court.

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For Appellant : No appearance For R1 and R2 : Mr.P.Kottaichamy, Government Advocate (Crl. Side) For R3 : No appearance

JUDGMENT

The appellant is an accused in Cr.No.1031 of 2020 on the file of the Karur Town Police Station, registered for the offence under Sections 302, 120(B), 114 and 506(i) IPC r/w. Section 3(2)(v) of SC/ST (POA) Act 1989. He moved a bail petition before the Vaction Sessions Judge, Karur, in V.Crl.M.P.No.64 of 2024 and the same was rejected by order dated 16.05.2024. Challenging the same, the appellant has filed this Criminal Appeal.

2. When this Criminal Appeal was taken up for hearing on 18.02.2025, there was no representation for the appellant. The learned Additional Public Prosecutor submitted that the trial has already completed and the case is now at the stage of questioning under Section 313 of Cr.P.C. Therefore, in order to provide one more opportunity to the appellant, this 2/5

Court directed the appeal to be listed today. Even today, there is no representation for the appellant.

3. Today, the learned Government Advocate (Crl. Side), based on the written instructions provided by the Inspector of Police, Karur Town Police Station submits that the case has been charge sheeted and during the trial, the appellant absconded on 23.08.2022, therefore, a Non-Bailable Warrant was issued against him and thereafter, it was re-called on 15.09.2022 and again, he absconded on 21.09.2022 and therefore, another Non-Bailable Warrant was issued against him on 29.09.2022 and the same was executed on 03.07.2023.

4. The learned Government Advocate (Crl. Side) further submits that the appellant has approached this Court by filing this Criminal Appeal and obtained interim bail for a period of two weeks, by order dated 29.05.2024. This Court, while granting interim bail, directed the appellant to appear before the Inspector of Police, Karur Town Police Station, daily at 10.30 a.m. till 15.06.2024. But, the appellant has not complied with the condition and not surrendered before the Court after the period of interim 3/5

bail. Therefore, a Non-Bailable Warrant was issued against him on 26.06.2024, based on which, he was secured on 24.09.2024.

5. Considering the submissions of the learned Government Advocate (Crl. side), this Court is not inclined to entertain this appeal. Accordingly, this Criminal Appeal is dismissed with a direction to the trial Court to conclude the trial as expeditiously as possible. 19.02.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The learned Principal District and Sessions Judge cum PCR Court, Karur.

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

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B.PUGALENDHI, J.

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