C.Kannan vs The Deputy Superintendent Of ...
2022 Latest Caselaw 18309 Mad

                                                                                Crl.A(MD)No.881 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 23.12.2022

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                            Crl.A(MD)No.881 of 2022

                  C.Kannan                                                       ... Appellant

                                                           Vs.

                  1.The Deputy Superintendent of Police,
                    Periyakulam Sub Division,
                    Periyakulam,
                    Theni District.

                  2.The Inspector of Police,
                    Thenkarai Police Station,
                    Theni District.                 ... Respondents 1 & 2/Complainants

                  3.Eswari                          ... 3rd Respondent/Defacto Complainant


                  Prayer : This Appeal is filed under Section 14A(2) of the Scheduled Castes

                  and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Amendment

                  Act 1 of 2016, to set aside the order dated 03.11.2022 made in Crl.M.P.No.

                  1142/2022 in Crime No.392 of 2022 on the file of the learned Sessions Judge,

                  Special Court for trial of the cases under SC/ST (POA) Act, Theni and

                  enlarge the petitioner on bail.




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                                                                                   Crl.A(MD)No.881 of 2022


                                  For Appellants         : Mr.C.Jeganathan

                                  For Respondents        : Mr.RMS.Sethuraman for R1 & R2
                                                           Additional Public Prosecutor
                                                           Mrs.S.Mahalakshmi for R3

                                                      JUDGMENT

This Criminal Appeal has been filed against the order dated

03.11.2022 made in Crl.M.P.No.1142/2022 in Crime No.392 of 2022 on the

file of the learned Sessions Judge, Special Court for trial of the cases under

SC/ST (POA) Act, Theni and enlarge the petitioner on bail.

2.This is the second criminal appeal preferred by the appellant. The

earlier criminal appeal filed by the appellant in Crl.A.(MD).No.719 of 2022

against the dismissal order of bail application that has been filed by him

before the Special Court, was dismissed by this Court, on 18.11.2022 on

merits.

3.Thereafter, again the appellant approached the Special Court, by

way of another bail application on 15.12.2022 and that was returned by the

Special Court, stating that since the earlier Criminal Appeal was decided on

merits by this Court, the above said petition is not maintainable. That return

by the Special Court is not proper and legal also. Successive bail applications

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Crl.A(MD)No.881 of 2022

can be maintained, even though the appeal that was filed against the dismissal

order passed in the previous bail application, was dismissed on merits.

Depending upon the change of circumstances, if any petition has been filed,

the same may be considered by the Special Court on its own merits.

4.Let the above said petition be represented before the concerned

Court and the concerned Court shall process the same and dispose the same

on own merits.

5.With the above said directions, this criminal appeal stands

disposed of without going into the merits of the issue.

                                                                                          23.12.2022


                  Index    : Yes/No
                  Internet : Yes/No
                  TM

Note: Issue Order copy on 23.12.2022.

To

1.The Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District.

2.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

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Crl.A(MD)No.881 of 2022

3.The Inspector of Police, Thenkarai Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.A(MD)No.881 of 2022

G.ILANGOVAN,J.

TM

Crl.A(MD)No.881 of 2022

23.12.2022

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