Parthiban vs The Deputy Superintendent Of ...
2021 Latest Caselaw 24973 Mad

                                                                              CRL.A.(MD)No.524 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 17.12.2021

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            CRL.A.(MD)No.524 of 2021

                Parthiban                                      .. Appellant / Accused No.3
                                                        -Vs-
                1.The Deputy Superintendent of Police,
                  Thoothukudi Rural, Thoothukudi.

                2.The State through
                  The Sub Inspector of Police,
                  Thattaparai Police Station,
                  Thoothukudi District.
                  In Crime No.93 of 2021                       .. Respondents/Complainant

                3.Revathy                                      .. Respondent/Defacto Complainant

                PRAYER: Criminal Appeal filed under Section 14A(2) of Scheduled

                Caste/Scheduled Tribes Act, 1989 as amended by Act 1 of 2016, to call for the

                records relating to the order in Cr.M.P.No.1280 of 2021, dated 26.11.2021 on

                the file of the learned Special Court for Trial of Cases registered under SC/ST

                (POA) ACT 1989, Thoothukudi and set aside the same and grant bail to the

                appellant by allowing this Criminal Appeal.

                                       For Appellant    : Mr.R.Anandha Raj for Mr.J.Sivakumar
                                       For Respondents : Mr.K.Sanjai Gandhi for R1 & R2
                                                       Government Advocate (Crl. Side)
                                                         Mr.S.Anto Prince for R3
https://www.mhc.tn.gov.in/judis
                1/5
                                                                                   CRL.A.(MD)No.524 of 2021


                                                        JUDGMENT

This Criminal Appeal has been filed against the dismissal order, dated

26.11.2021, passed by the learned Sessions Judge, Special Court for Trial of

Cases Registered under SC/ST (POA) Act, 1989, Thoothukudi in Cr.M.P.No.

1280 of 2021.

2.When the matter is taken up for hearing, the learned counsel for the

defacto complainant filed vakalath and is present before this Court. The learned

counsel for the defacto complainant submitted that suppressing the fact that the

appellant has filed another bail application before the Special Court in Crl.M.P.

(MD).No.1561 of 2021, has filed this present appeal. He has filed the e-court

status report, which shows that the above said application has been filed before

the concerned Court on 16.12.2021, whereas, this appeal has been presented

before this Court on 14.12.2021. It appears that the above said bail application

has been filed before the Special Court, after presenting this appeal before this

Court, by suppressing the presentation of appeal before this Court.

3.Now this appeal has been objected by the learned counsel for the

defacto complainant stating that it is a clear suppression of facts before the

Appellate Court as well as before the trial Court.

https://www.mhc.tn.gov.in/judis

CRL.A.(MD)No.524 of 2021

4.Whatever may be, since the petitioner has already filed an

application for statutory bail before the trial Court in Cr.M.P.No.1561 of 2021,

let the petitioner workout his remedy before the concerned Court.

5.With the above liberty, this appeal stands dismissed. But however,

the learned counsel for the petitioner has expressed his grievance that the

observation made in this appeal may have an impact on the bail application

filed before the Special Court. The dismissal of this appeal should not stand in

the way of entertaining the bail application before the Special Court. Such

liberty is always available to the petitioner, since he is entitled for a statutory

bail. The Special Judge, is directed to decide the same on its own merits,

without being influenced by any of the observations made by this Court in the

appeal or by the contents found in the appeal grounds.

17.12.2021 Index: Yes / No Internet: Yes / No

TM

Note: Issue Order copy on 20.12.2021.

https://www.mhc.tn.gov.in/judis

CRL.A.(MD)No.524 of 2021

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi.

3.The Sub Inspector of Police, Thattaparai Police Station, Thoothukudi District.

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

5.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

CRL.A.(MD)No.524 of 2021

G.ILANGOVAN, J.

TM

CRL.A.(MD)No.524 of 2021

17.12.2021

https://www.mhc.tn.gov.in/judis