G.Manivannan vs The Deputy Superintendent Of ...
2022 Latest Caselaw 11227 Mad

                                                                              Crl.A.Sr. No.27067 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 27.06.2022

                                                            CORAM

                           THE HON'BLE MR. JUSTICE BHARATHA CHAKRAVARTHY

                                               Crl.A.Sr.No. 27067 of 2022

                     G.Manivannan                                        ..Appellant
                                                             Vs.

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


                     2.State, Rep. By the Inspector of Police,
                        Pullapatty Police Station,
                        Salem District.


                     3.A.Mani                                            ..Respondents

                     Prayer:       Criminal Appeal (SR) filed under Section 14-A(2) of the
                     Schedule Castes and Schedule Tribes (Prevention of Atrocities Act, 1989)
                     to call for the records in Crl.M.P.No. Unnumbered of 2022 in S.C.No.53 of
                     2019 dated 16.06.2022 under the Schedule Castes and Schedule Tribes
                     (Prevention of Atrocities Act, 1989) on the file of the learned Principal
                     District and Sessions Judge, Salem and allow the Criminal Appeal.

                                     For Appellant      :     Mr.K.Kesavan


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                     Crl.A.Sr. No.27067 of 2022

                                                         JUDGMENT

This Criminal Appeal (SR) is filed to call for the records in

Crl.M.P.No. Unnumbered of 2022, in S.C.No.53 of 2019, dated 16.06.2022,

under the Schedule Castes and Schedule Tribes (Prevention of Atrocities

Act, 1989), on the file of the Principal District and Sessions Judge, Salem

and allow the Criminal Appeal.

2.It is seen that the petitioner had filed a bail application and the same

was dismissed and the appeal in Crl.A.367 of 2022 was also dismissed by

this Court on 27.04.2022, with a direction to dispose of the case in

S.C.No.53 of 2019, within period of three months. However, after some

time, citing change of circumstances, the second bail application is filed.

However, the said bail application is returned with an endorsement that the

Hon'ble High Court, in Crl.A.367 of 2022, directed to dispose of the case in

S.C.No.53 of 2019 within a period of three months and therefore, it only

questions the petitioner as to how the petition is maintainable.

3.When the trial Court has chosen to return the petition, it is for the

petitioner to represent the petition with such explanation that the second bail

https://www.mhc.tn.gov.in/judis Crl.A.Sr. No.27067 of 2022

application is maintainable stating whatever change of circumstances.

Without doing so, the petitioner has directly filed the Appeal before this

Court and Registry is right in holding that the petition is not maintainable.

4.Therefore, I hold that the present appeal filed against the

Crl.M.P.No. Unnumbered of 2022, in S.C.No.53 of 2019, dated 16.06.2022

is not maintainable. However, the petititoner is entitled to represent the bail

application with such explanations before the trial Court.

27.06.2022 sli Note: Issue order copy on 29.06.2022 To

1.The Principal District and Sessions Judge, Salem.

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

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

4. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.A.Sr. No.27067 of 2022

D. BHARATHA CHAKRAVARTHY, J.

sli

Crl.A.Sr.No. 27067 of 2022

27.06.2022

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