Madras High Court
Janarthanan @ Jana vs The State Rep. By on 14 June, 2021
Crl.A.No.257 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.257 of 2021
Janarthanan @ Jana ... Appellant
vs.
1. The State rep. by
The Inspector of Police,
Thirubuvanai Police Station,
Puducherry.
(Cr.No.40 of 2017)
2. M.Gnanasekaran ... Respondents
The Criminal Appeal filed under Section 14(A)(2) of SC/ST Act,
to set aside the order dated 23.04.2021 made in C.M.P.No.253 of
2021 by the learned Special Judge, II Additional Sessions Judge,
Puducherry, and to allow the appeal by enlarging the appellant on bail
in Spl.S.C.No.19 of 2018.
For Appellant : Mr.Swami Subramanian
For respondent : Mr.Bhartha Chakaravarthi
Public Prosecutor (Pondy) for R1
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1/5
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Crl.A.No.257 of 2021
JUDGMENT
The above criminal appeal has been filed against the order of
dismissal of petition seeking bail filed by the appellant in
C.M.P.No.253 of 2021 on the file of the learned II Additional Sessions
Judge, Puducherry.
2 The appellant was arrayed as A6 and was charged for the
offence punishable under Sections 148, 302 IPC r/w Section 14 of IPC
and Section 109 IPC and Section 3 and 4 of Explosive Substances Act
and Section 3(2) of SC/ST (Prevention of Atrocities) Amendment Act,
2015 in Spl.S.C.No.19 of 2018 on the file of the learned Special Judge,
II Additional Sessions Judge, Puducherry. Pending investigation, the
appellant moved a petition for bail under Section 439 of Cr.P.C. in
C.M.P.No.253 of 2021. The learned II Additional Sessions Judge, after
hearing both the parties, by order dated 23.04.2021 had dismissed the
petition seeking bail. Aggrieved against the dismissal of bail petition,
the appellant is before this Court with the present criminal appeal,
seeking bail.
3 The learned counsel for the appellant would submit that
the appellant has been falsely implicated in this case. The appellant
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Crl.A.No.257 of 2021
earlier was granted bail by the trial Court and since he was in prison in
yet another case, he could not appear before the Court and comply the
condition imposed in the earlier order granting bail. The learned trial
Judge, without considering the above fact, had issued NBW and
remanded to judicial custody by issuing PT warrant. The appellant is
ready to abide any condition to be imposed by this Court. Hence the
appellant prays to grant bail.
4 The learned Public Prosecutor (Pondy) would submit that
when he was on bail, he involved in other crime, which is similar in
nature and further if the appellant is released on bail, the appellant
may tamper the witnesses. Hence prays to dismiss the appeal.
5 Heard the learned counsel appearing for the petitioner and
the learned Public Prosecutor (Pondy) appearing for the first
respondent.
6 It is seen that the appellant was charged for the offence
punishable under Sections 294 (b), 427, 506(ii) IPC r/w 3(1)(r)(s) SC
ST (Prevention of Atrocities) Amendment Act, 2015. The appellant was
earlier granted bail and since he did not appear before the Court, the
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Crl.A.No.257 of 2021
trial Court cancelled the bail and issued Non Bailable Warrant against
the appellant. Since he was arrested in some other case for the
offence similar to the offence charged in this case, the trial Court
issued PT warrant and remanded the appellant into judicial custody.
7 In view of the above and also considering the fact that the
appellant is a habitual offender and involved in nearly 31 cases, this
Court is not inclined to entertain the appeal filed against the order of
dismissal of bail petition.
8 In the result, the criminal appeal is dismissed.
14.06.2021
Index: Yes/No
Speaking order/Non-speaking order
cgi
To
1. The II Additional Sessions Judge, Puducherry.
2. The Inspector of Police, Thirubuvanai Police Station,
Puducherry.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.257 of 2021
P.VELMURUGAN,J.
cgi
Crl.A.No.257 of 2021
14.06.2021
https://www.mhc.tn.gov.in/judis/
