Madras High Court
Lachumanan @ Yogalachumanan vs The State Represented By on 12 April, 2022
Crl. A(MD) No. 278 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl. A(MD) No. 278 of 2022
Lachumanan @ Yogalachumanan ... Appellant/
Petitioner/
Accused No.2
Vs.
1.The State represented by
The Deputy Superintendent of Police,
Thiruchuli Division,
Viruthunagar District.
2. The Inspector of Police,
Veeracholan Police Station,
Viruthunagar District.
(Crime No.78 of 2019) ... Respondents/
Complainants
3. Thangapandiyan ... Respondent /
De-facto Complainant
PRAYER: The Criminal Appeal is filed under Section 14-A(ii) of SC/ST
(POA) Act, 1989, to call for the records and set aside the dismissal order
1/5
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Crl. A(MD) No. 278 of 2022
passed by the trial court in Cr.M.P.No.682 of 2021 in Spl.S.C No.13 of
2020, dated 07.04.2021, on the file of the Principal District and Sessions
Court (PCR), Viruthunagar District at Srivilliputhur and enlarged the
appellants on bail in Crime No.78 of 2019, on the file of the respondent
police.
For Appellant : Mr.C.Behanasamy
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Criminal Side)
for R.1 & R.2
JUDGMENT
The present Criminal Appeal has been filed to set aside the
dismissal order passed by the trial court in Cr.M.P.No.682 of 2021 in
Spl.S.C No.13 of 2020, dated 07.04.2021, on the file of the Principal
District and Sessions Court (PCR), Viruthunagar District at Srivilliputhur
and enlarge the appellants on bail in Crime No.78 of 2019, on the file of the
respondent police.
2. A perusal of records would reveal that the appellant was
arrested and remanded to judicial custody in Crime No.78 of 2019
registered for the offence under Sections 147, 148, 341, 294(b), 379, 307
and 506(ii) IPC read with 3(1)(s), 3(2)(va) of SC/ST (POA) Act. After
completion of investigation, the first respondent filed a final report and the
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Crl. A(MD) No. 278 of 2022
same has been taken cognizance in Spl.S.C.No.13 of 2020, on the file of the
Principal District and Sessions Court (PCR), Viruthunagar District at
Srivilliputhur. Thereafter, he filed the bail petition in Cr.M.P.No.1577 of
2019 and the same was dismissed. Aggrieved by the same, an appeal has
been filed before this Court in Crl.A(MD)No.574 of 2019 and the same was
allowed vide order, dated 07.01.2020 and the appellant was enlarged on
bail. However, the appellant failed to comply with the condition and
thereafter, the defacto complainant approached the trial Court for
cancellation of bail in Crl.M.P(MD)No.1392 of 2020 and the same was
allowed. Aggrieved by the same, the appellant filed an appeal in
Crl.A(MD)No.5898 of 2020 and the same was dismissed. The appellant has
surrendered on 15.03.2021. Thereafter, the appellant moved regular bail
application and the same was also dismissed for the reason that the
petitioner is a habitual offender. He so far involved in 8 cases for the serious
offences including 302 IPC. There are totally 5 accused and now the trial
has commenced. If the petitioner let out on bail, it is very difficult to secure
him since he is a habitual offender. The trial Court rightly dismissed the
petition. This Court is not inclined to interfere with the order passed by the
Court below.
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Crl. A(MD) No. 278 of 2022
3. Accordingly, this Criminal Appeal is dismissed.
12.04.2022
Index : Yes/No
Internet : Yes/No
mga
To:-
1. The Deputy Superintendent of Police,
Thiruchuli Division,
Viruthunagar District.
2. The Inspector of Police,
Veeracholan Police Station,
Viruthunagar District.
3.The Principal District and Sessions Court (PCR),
Srivilliputhur,
Viruthunagar District.
4. The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 278 of 2022
G.K.ILANTHIRAIYAN.J.
mga
Crl. A(MD)No.278 of 2022
12.04.2022
https://www.mhc.tn.gov.in/judis
