Muruganantham vs The Deputy Superintendent Of ...
2023 Latest Caselaw 10625 Mad

Citation : 2023 Latest Caselaw 10625 Mad
Judgement Date : 17 August, 2023

Madras High Court

Muruganantham vs The Deputy Superintendent Of ... on 17 August, 2023

                                                                            Crl.A.No.680 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 17.08.2023

                                                       CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                              Crl.A.No.680 of 2023

                     Muruganantham                                        ... Appellant
                                                        Vs.

                     State Rep. by its,
                     1. The Deputy Superintendent of Police,
                        Velur Sub Division,
                        Jedarpalayam Police Station,
                        Namakkal District.

                     2. The Inspector of Police,
                        Jedarpalayam Police Station,
                        Namakkal District.
                        (Crime No.201 of 2016)

                     Suganya (Died)

                     3. Selvi                                             ... Respondents
                     (R3 impleaded as per the order dated
                     21.07.2023 in Crl.M.P.No.10678 of 2023

                     Prayer: Criminal Appeal filed under Section 14-A of SC / ST (Prevention
                     and Atrocities) Amendment Act, 2015 r/w. 374 (3) of Cr.P.C., to set
                     aside the order passed in a bail petition in C.M.P.No.267 of 2023 dated

                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                Crl.A.No.680 of 2023



                     06.06.2023 on the file of the Sessions Judge, Special Court for SC/ST
                     (POA) Act, Namakkal and enlarge the appellant on bail pending trial in
                     S.C.No.28 of 2017 on the file of the Sessions Judge, Special Court for
                     SC/ST (POA) Act, Namakkal in Crime No.201 of 2016 on the file of the
                     2nd respondent Police.

                                   For Appellant    : Mr.W.Camyles Gandhi
                                   For Respondents : Mr.S.Sugendran,
                                                     Additional Public Prosecutor


                                                     JUDGMENT

Challenging the orders dated 06.06.2023 in C.M.P.No.267 of

2023 passed by the learned Sessions Judge, Special Court for SC / ST

(POA) Act, Namakkal, the present revision is filed.

2. The appellant is the sole accused in S.C.No.28 of 2017 on

the file of the Sessions Judge, Special Court for SC/ST (POA) Act,

Namakkal. The learned Sessions Judge took cognizance of the offence,

issued summons to the appellant. On his appearance, copies of records

were furnished to the accused under Section 207 of Cr.P.C., and

thereafter charges were framed under Section 498 (A), 304 (B), 302 of

https://www.mhc.tn.gov.in/judis Crl.A.No.680 of 2023

I.P.C. r/w. 3(2)(v) of SC/ST (PoA) Amendment Act, 2015. Since the

accused pleaded not guilty, the case was posted for trial proceedings on

29.08.2019. The accused did not appear before the trial Court,

consequent upon which a Non Bailable Warrant was issued against him

and he was secured by the Police on 27.10.2019 and remanded to the

judicial custody. Thereafter, he filed a petition under Section 439 of

Cr.P.C., in C.M.P.No.267 of 2023. The learned Sessions Judge, Special

Court for SC/ST (POA) Act, Namakkal dismissed the bail application by

observing thus:

“On perusal of the records on 19.09.2019 when the special sessions case was taken up for trial, as the petitioner/accused did not appear before this court, a non bailable warrant was issued against him and he was remanded to judicial custody on 27.10.2019.

The offence alleged against the petitioner/accused is serious in nature. The deceased's mother also strongly objects by, stating that her life and her grand children life would be in danger, if the petitioner is released on bail. Considering all the above facts and as the petitioner has already absconded and secured by

https://www.mhc.tn.gov.in/judis Crl.A.No.680 of 2023

executing of N.B.W, this court does not find it proper to release the accused on bail at the present stage.

In the above said circumstances, as it would appear that if the petitioner is released on bail he will not appear before this court to complete the trial. Hence, in the interest of the justice this bail application is dismissed ”

3. Mr.W.Camyles Gandhi, learned counsel for the appellant

contended that the accused had been in prison for the past four years and

that he has not committed any offence. His further contention is that he

was not aware of the pending proceedings before the Sessions Court and

he was not issued any summons by the Sessions Court. He therefore,

prayed for enlarging the appellant on bail.

4. Per contra, Mr.S.Sugendran, learned Additional Public

Prosecutor contended that the accused is facing serious charges in

Spl.S.C.No.28 of 2017 and the offences are under Sections 498 (A), 304

(B), 302 I.P.C., r/w. 3(2) (v) of SC/ST (POA) Amendment Act, 2015.

His further contention is that the trial Court had rightly dismissed the

https://www.mhc.tn.gov.in/judis Crl.A.No.680 of 2023