G.Manivannan vs The Deputy Superintendent Of ...
2022 Latest Caselaw 8908 Mad

                                                                                      Crl.A.No.367 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 27.04.2022

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                    Crl.A.No.367 of 2022

                     G.Manivannan                                                ... Appellant/accused

                                                              vs.

                     1.The Deputy Superintendent of Police,
                       Salem District,
                       Salem
                     2.State Rep. by
                       Inspector of Police,
                       Pallapatty Police Station,
                       Salem District
                     3.A.Mani                                              ...     Respondents

                     PRAYER: Criminal Appeal filed under Section 14-A(2) of the Schedule
                     Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 praying
                     to set aside the order passed in Crl.M.P.No.988 of 2022 in SC.No.53 of
                     2019 dated 14.03.2022 on the file of the learned Principal District and
                     Sessions Judge, Salem and enlarge the appellant on bail.
                                    For Appellant             : Mr.J.Sudhakaran


                                    For Respondents 1 & 2 : Mr.Leonard Arul Joseph Selvam
                                                            Government Advocate (Crl.Side)


                     1/8


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.A.No.367 of 2022




                                  For Respondent-3          :   A.Mani
                                                                (produced in court)

                                                     JUDGMENT

Being dissatisfied with the order dated 14.03.2022 made in

CMP.No.988 of 2022 in SC.No.53 of 2019 on the file of the Principal

Sessions Court, Salem, the appellant who is an accused in the above

sessions case, preferred this appeal praying to set aside the order dated

14.03.2022 and to enlarge him on bail.

2. The case of the prosecution is that the appellant is arrayed as

accused No.26 in crime No.12 of 2019 under Sections 147, 341, 427, 447,

323, 506(ii) of IPC r/w Section 3(1) (x) of SC/ST Act r/w Section 3 (1) of

TNPPD Act on the file of the respondent police. Previously, after

registering the F.I.R., the appellant was not secured by the respondent police

and on the other hand, the respondent police completed the investigation

and filed final report. In the said occasion, being the reason that the present

appellant has not appeared, the case against the other accused splitted up

and assigned with SC.No.60 of 2012. After elaborate trial, the said case has

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

been disposed after acquitting all the accused. Only in the said occasion,

NBW dated 28.07.2011 issued against the appellant was recalled on

17.09.2019. Even after the same, the appellant has not appeared before the

trial court and therefore, NBW was issued against the appellant on

05.04.2021 as a second time and later, the same was executed on

28.07.2021. Thereafter, the appellant filed an application before the trial

court praying to enlarge him on bail and the same was dismissed by the

learned Principal Sessions Judge, Salem dated 14.03.2022, against which

the appellant / accused preferred the present appeal before this Court.

3. The learned counsel appearing for the appellant would

contend that the appellant is an innocent person and he has been falsely

implicated in this case. He would further submit that due to the poverty and

health condition, the appellant is not able to attend the court on 05.04.2021

and therefore, the non appearance of the appellant is neither wilful nor

wanton and the appellant is in the judicial custody from 04.03.2022 onwards

and accordingly, he prayed to allow this appeal.

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

4. Per contra, the learned Government Advocate(crl.side)

appearing for the respondent police 1 and 2 raised objection stating that the

petition mentioned case has been registered in the year 2009 and thereafter

due to the non appearance of the appellant, the same has been pending on

the file of the learned Principal District Judge, Salem till date. If the

appellant regularly appeared before the trial court, the said case registered

against the appellant would have disposed in the year 2012 itself along with

the other accused. Therefore, the attitude committed by the appellant create

a much confuse over the process of disposal. In otherwise, if the appellant is

released on bail, he may try to abscond, also he will not appear before the

trial court.

5. In this occasion, being the reason that the defacto

complainant in this case who is confined in Coimbatore Central Prison in

connection with some other case, by way of complying Section 15A of the

SC/ST Act, this Court directed the Superintendent of Police, Coimbatore to

produce the defacto complainant before this Court and on appearance, the

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

defacto complainant made a submission before this Court that he is not

having any objection to allow this appeal.

6. Submissions made by the counsels appearing on either side

are considered.

7. Though the defacto complainant is not having any objection

in allowing this appeal, considering the fact that the petition mentioned case

has been pending on the file for the past twelve years, this Court is hesitated

in passing the positive order.

8. Of course the appellant is in the judicial custody for the past

55 days, on go through the background of the case, previously, NBW issued

against him was recalled by the learned Principal Sessions Judge, Salem

after lapse of eight years. Even after giving such opportunity, the appellant

has not appeared and only therefore, NBW was issued as a second time and

now he is confined in the prison. Though the learned counsel appearing for

the appellant would submit that his health condition is very poor, in order to

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

substantiate the same, he has not filed any bonafide document to show that

the appellant is having some ill health. Therefore, this is not a fit case for

allowing the appeal. However, considering the facts and circumstances of

the case, this Court decides that some direction would be necessary for

disposing the petition mentioned sessions case with appropriate period.

9. Accordingly, the learned Principal District and Sessions

Judge, Salem is directed to dispose the SC.No.53 of 2019 within a period of

three months from the date of receipt of copy of this order.

10. With the above direction, this criminal appeal is dismissed.

27.04.2022

Index : Yes/No Internet : Yes/No Speaking/Non speaking order lok

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

To

1.The learned Principal District and Sessions Judge, Salem

2.The Deputy Superintendent of Police, Salem District, Salem

3.The Inspector of Police, Pallapatty Police Station, Salem District

4.The Superintendent, Central Prison, Salem.

5.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.A.No.367 of 2022

R. PONGIAPPAN, J.

lok

Crl.A.No.367 of 2022

27.04.2022

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