Madras High CourtCRL A(MD)/517/2018dismissed

Manikandaprabu v. The Deputy Superintendent Of

2018-11-23Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CRL.A(MD)No.517 of 2018 Manikandaprabu ... Appellant/Petitioner/ 1st Accused /Vs./

1. The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

2. The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

... Respondents/complainants (Crime No.42 of 2018) 3.Karthick ... 3rd Respondent/Defactocomplainant Prayer: Appeal - filed under Section 14-A (2) of the Scheduled Caste / Scheduled Tribes Act, 1989, as amended by the Act 1 of 2016, to call for the records pertaining to the order dated 15.11.2018 in Crl.M.P.No.2090 of 2018 on the file of the Principal District and Sessions Judge, Ramanathapuram and to set aside the same and enlarge the appellant in connection with Crime No.42 of 2018 on the file of the second respondent police by allowing this criminal appeal.

For Appellant : Mr.S.Muniyandi For R-1 & R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

JUDGMENT

This Criminal Appeal has been filed to set aside the order dated 15.11.2018 in Crl.M.P.No.2090 of 2018 on the file of the Principal District and Sessions Judge, Ramanathapuram.

2. The learned counsel appearing for the appellant would submit that the co-accused were released on bail. Hence, he prays for allowing this appeal.

3. The learned Government Advocate (Crl. Side) would state that the accused absconded and he was arrested only on 01.11.2018. Due to his absence, the investigation could not be completed and the charge sheet has not been filed.

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4. Heard the learned counsel appearing for the appellant and the learned Government Advocate (Crl. Side) appearing for the official respondents.

5. The date of occurrence is 05.05.2018. Though the appellant has stated that co-accused were released on bail, there is no specific date mentioned when they were arrested and released on bail and the petitioner was arrested only on 01.11.2018.

6. Considering the specific overt act alleged against the appellant, this Court is not inclined to grant bail to the appellant. Accordingly, this Criminal Appeal is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Principal District and Sessions Judge, Ramanathapuram.

2. The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

3. The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

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

5. The Section Officer, Criminal Section, (2 Copies) Madurai Bench of Madras High Court, Madurai.

Sm MK/SV/SAR 3/31.12.2018/2P/7C Judgment made in CRL.A(MD)No.517 of 2018 23.11.2018 https://hcservices.ecourts.gov.in/hcservices/