Madras High Court
C.Muniyappan vs State By on 8 January, 2021
Crl.A.No.506 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.506 of 2020
C.Muniyappan ... Appellant
..vs..
1.State by
The Inspector of Police,
Marandahalli Police Station,
Dharmapuri District.
Crime No.222 of 2017.
2.Rajendran ... Respondents
(R2 suo motu impleaded as per order
of this Court dated 22.12.2020 in
Crl.A.No.506 of 2020)
Criminal Appeal filed under Section 14(A)(2) of SC & ST
(Prevention of Atrocities) Act 1989 to call for the records relating to the
order dated 10.02.2020 made in Crl.MP.No.187 of 2020 on the file of the
Principal Sessions Judge, Dharmapuri and set aside the same by allowing
the Criminal Appeal and enlarge the appellant on bail in connection with
the case in Crime No.222 of 2017 on the file of the respondent police.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.506 of 2020
For Appellant : Ms.J.Dhanalakshmi
For Respondents : Mr.K.Madhan
Government Advocate (Crl.Side)
for R1
JUDGMENT
This Criminal Appeal has been filed against the order dated
10.02.2020 made in Crl.MP.No.187 of 2020 on the file of the Principal
Sessions Judge, Dharmapuri.
2. Heard the learned counsel on either side and perused the
materials available on record.
3. It is seen from the records that the case was registered against
petitioner in Crime No.222 of 2017 for the offence under Sections
294(b), 506(2), 355 IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST
(Prevention of Atrocities) Amendment Act 2015. After completion of
investigation in Crime No.222 of 2017, the respondent police filed a
charge sheet before the committal Court and the case was taken on file as
S.C.No.104 of 2017. During the pendency of the investigation, the
petitioner did not appear before the trial Court and hence, Non Bailable
https://www.mhc.tn.gov.in/judis/
Crl.A.No.506 of 2020
Warrant was issued and he was arrested on 30.09.2019. Hence, the
petitioner filed a petition under Section 439 Cr.P.C., before the learned
Principal Sessions Judge, Dharmapuri and the same was dismissed on
10.02.2020. Hence, the present Criminal Revision Case.
4.Since the case is pending due to non-appearance of the
petitioner, he was issued with Non Bailable Warrant and arrested. At this
juncture, if the bail is granted to the petitioner, there is every possibility
of the petitioner absconding and the progress of the trial will be delayed.
5.In the light of the above facts, this Court is not inclined to grant
bail to the petitioner. Hence, this Criminal Appeal is dismisssed.
However, the learned Principal Sessions Judge, Dharmapuri is directed to
complete the trial in S.C.No.104 of 2017 and dispose of the same within
a period of six months from today.
08.01.2021
Index : Yes / No
Internet : Yes / No
ms
https://www.mhc.tn.gov.in/judis/
Crl.A.No.506 of 2020
P.VELMURUGAN, J.
ms
To
1.The Principal Sessions Judge,
Dharmapuri.
2.The Superintendent,
Central Prison,
Dharmapuri.
3.The Public Prosecutor,
High Court, Madras.
4.The Inspector of Police,
Marandahalli Police Station,
Dharmapuri District.
Crl.A.No.506 of 2020
08.01.2021
https://www.mhc.tn.gov.in/judis/
