Madras High Court
Sethupathi vs The Deputy Superintendent Of ... on 8 June, 2022
CRL.A.(MD).No.327 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.A(MD).No.327 of 2022
Sethupathi .. Appellant/Accused No.1
Vs.
1.The Deputy Superintendent of Police,
Paramakudi, Ramanathapuram District.
2.The Inspector of Police,
Paramakudi Town Police Station,
Ramanathapuram District.
(Crime No.175 of 2021) .. Respondents / Complainants
3.Renuga .. Respondent / Defacto
Complainant
PRAYER: Criminal Appeal filed under Section 14 A (2) of SC/ST Act, 1989, as
amended by Act 1 of 2016, to set aside the order in Cr.M.P.No.186 of 2022 and
the same was dismissed on 18.04.2022 and enlarge the appellant on bail in
connection with the case in S.C.No.74 of 2021 in Crime No.175 of 2021 on the
file of the learned Sessions Judge, Special Judge for Trial Cases registered under
SC/ST (POA) Act, 1989, Ramanathapuram.
For Appellant : Mr.A.Arputharaj,
For Respondents : Mr.B.Nambi Selvan,
Additional Public Prosecutor, for R1 & R2.
: No Appearance, for R.3.
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CRL.A.(MD).No.327 of 2022
JUDGMENT
The Criminal Appeal is filed challenging the order passed in Cr.M.P.No.
186 of 2022 in S.C.No.74 of 2021, dated 18.04.2022, on the file of the learned
Sessions Judge, Special Judge for Trial Cases registered under SC/ST (POA)
Act, 1989, Ramanathapuram, dismissing the bail application.
2.The case of the prosecution is that there was a previous enmity between
the appellant and the deceased. On 26.03.2021, at about 12 noon, the deceased
was found dead with injuries. A case in Crime No.175 of 2021 was registered
against the appellant under Section 302 IPC and under Sections 3 (1)(r), 3(1)(s),
3(2) (va) of SC/ST (POA) Amendment Act. The appellant has filed a bail
application in Crl.M.P.No.566 of 2021 before the learned Sessions Judge,
Special Court for Trial of cases registered under SC/ST (POA) Act,
Ramanathapuram and the petition was dismissed by the Special Court on
13.10.2021. Challenging the dismissal order, the appellant has preferred the
appeal before this Court in Crl.A(MD)No.459 of 2021 and the same was
dismissed on 25.11.2021. The appellant/accused has filed the second bail
application in Crl.M.P.No.186 of 2022 before the learned Sessions Judge,
Special Judge for Trial Cases registered under SC/ST (POA) Act, 1989,
Ramanathapuram and the same was also dismissed by the learned Sessions
Judge. Hence, the present appeal has been filed by the appellant.
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CRL.A.(MD).No.327 of 2022
3.When the matter is taken up for hearing today, the learned Additional
Public Prosecutor appearing for the State would submit that the petitioner is
having seven previous cases; that all other accused are in judicial custody and
that the trial Court may be directed to complete the trial within the time
stipulated by this Court.
4.At this juncture, the learned counsel for the petitioner would also submit
that specific time frame may be fixed for the disposal of the case.
5.Considering the seriousness and gravity of the offence alleged and also
the fact that the petitioner is having seven previous cases, this Court is not
inclined to grant bail to the petitioner at this point of time. However, considering
the submissions made by the learned counsel for the petitioner as well as the
learned Additional Public Prosecutor, the trial Judge is directed to complete the
trial and dispose of the case as expeditiously as possible preferably within a
period of three months from the date of receipt of copy of this order.
6.With the above direction, this Criminal Appeal is disposed of.
08.06.2022
Index : Yes/No
Internet : Yes/No
das
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CRL.A.(MD).No.327 of 2022
K.MURALI SHANKAR, J.
das
To
1.The Sessions Judge, Special Judge for Trial Cases
registered under SC/ST (POA) Act, 1989,
Ramanathapuram.
2.The Deputy Superintendent of Police,
Paramakudi, Ramanathapuram District.
3.The Inspector of Police,
Paramakudi Town Police Station,
Ramanathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
5.The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
CRL.A(MD).No.327 of 2022
08.06.2022
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