Madras High Court
Sornappan vs The Deputy Superintendent Of ... on 2 September, 2021
Crl.A.No.401 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.401 of 2021
Sornappan ... Appellant
Versus
1.The Deputy Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
2.State by Inspector of Police,
All Women Police Station,
Thiruvannamalai Taluk,
Thiruvannamalai District,
Crime No.24 of 2019.
3.Sneaka ... Respondents
Criminal Appeal filed under Section 14 A(ii) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act
1/2016 to call for the records pertaining to the bail dismissal order passed by
the learned Special Court Judge for exclusive Trial of Cases under POSCO
Act Cases, Thiruvannamalai in Crl.M.P.No.660 of 2021 dated 13.07.2021
and set aside the same and to enlarge the petitioner on bail.
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Crl.A.No.401 of 2021
For Appellant : No appearance
For Respondents : Mr.S.Sugendran
Government Advocate (Crl.Side)
for R1 and R2
JUDGMENT
This Criminal Appeal has been filed against the order dated 13.07.2021
passed in Crl.M.P.No.660 of 2021 by the learned Sessions Judge, Special
Court for Exclusive Trial of Cases under POSCO Act Cases, Tiruvannamalai.
2.The respondent police registered a case in Crime No.24 of 2019
against the appellant/accused for the offence under Sections 9, 11, 10 of
Prohibition of Child Marriage Act 2006 and 3(2) (va) SC/ST (POA)
Amendment Act, 2015 and Sections 376(2),(n), 366, 109 IPC and Section
14(b) of Foreigners Act. After investigation, the respondent police filed charge
sheet before the designated Court and the same was taken on file in
Spl.S.C.No.60 of 2020. The accused absconded for two years and
subsequently, he was arrested and remanded to judicial custody on
01.07.2021. Thereafter, the appellant filed a petition under Section 439 Cr.P.C
in Cr.M.P.No.660 of 2021 before the designated Court, which was dismissed
on 13.07.2021. Challenging the said order the appellant is before this Court.
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Crl.A.No.401 of 2021
3.There is no representation for the appellant.
4.Heard the learned Government Advocate (Crl.Side) for the
respondents 1 and 2 and perused the materials available on record.
5.The learned Government Advocate (Crl.Side) for the respondents 1
and 2 would submit that there is a specific overt act against the appellant and
charges were framed against the appellant and the case is pending for trial. He
would further submit that the appellant absconded for two years and
subsequently, he was arrested and remanded to judicial custody only on
01.07.2021. If the appellant is released on bail, there is a possibility of
tampering the witnesses and trial would be protracted. Therefore, he strongly
objected to grant bail to the appellant.
6.In the light of the above facts and circumstances and considering the
serious nature of offence and also the attitude of the appellant, this Court is of
the opinion that if the appeallnt is relased on bail, he may tamper the
witnesses and hamper the progess of the investigation and also protract the
trial. Hence, this Court is not inclined to entertain this appeal. Accordingly,
this Criminal Appeal is dismissed. However, the Special Court for Exclusive
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Crl.A.No.401 of 2021
Trial of Cases under POSCO Act Cases, Thiruvannamalai is directed to
proceed with the trial and dispose of the case within a period of four months
from today.
02.09.2021
Internet : Yes/No
ms
To
1.The Sessions Judge,
Special Court for exclusive Trial of Cases
under POSCO Act Cases,
Thiruvannamalai.
2.The Superintendent,
Central Prison,
Vellore.
3.The Deputy Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
4.The Inspector of Police,
All Women Police Station,
Thiruvannamalai Taluk,
Thiruvannamalai District,
5.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.401 of 2021
P.VELMURUGAN, J.
ms
Crl.A.No.401 of 2021
02.09.2021
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