Manikandan vs The Deputy Superintendent Of ...
2023 Latest Caselaw 11652 Mad

                                                                              Crl.A.No.786 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 31.08.2023

                                                      CORAM :


                                  THE HONOURABLE MRS. JUSTICE R.HEMALATHA

                                                 Crl.A.No.786 of 2023


                     Manikandan                                               ...Appellant

                                                      vs.

                     1. The Deputy Superintendent of Police
                        Thiruvannamalai District
                        Thiruvannamalai

                     2. The State rep. by,
                        Inspector of Police
                        Thiruvannamalai Taluk Police Station
                        Thiruvannamalai
                        Crime No.195 of 2019

                     3. Mallika                                               ...Respondents

                     PRAYER: Criminal Appeal filed under Section 14(A) (2) SC/ST
                     Prevention of Atrocities Act, 1989 of Criminal Procedure Code, 1973
                     praying to set aside the order made in Crl.M.P. No.1426 of 2023 in S.C.
                     No.188 of 2019 before the Special Court for the Exclusive Trail of
                     POCSO Act Cases, Thiruvannamalai and to enlarge the appellant on bail.
                                      For Appellant    : Mr. C. Ramaraj
                                      For R1 & R2      : Mr.R.Vinothraja
                                                         Govt. Advocate (Crl.Side)
                                      For R3            : No appearance.

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                                                                                  Crl.A.No.786 of 2023


                                                     JUDGMENT

Challenging the orders passed by the Sessions Judge, Special

Court for the Exclusive Trail of POCSO Act Cases, Tiruvannamalai, in

Crl.M.P. No.1426/2023 in Spl. S.C. No.188/2019, the present appeal is

filed.

2. The revision petitioner is the accused in Spl.S.C. No.188/2019

for the offences punishable under Sections 366A, 376 IPC r/w 4 and 8 of

POCSO Act and Section 3(1)(W)(i), 3(2)(va) OF SC/ST Act. He filed a

petition before the Sessions Judge, Special Court for the Exclusive Trail

of POCSO Act Cases, Thiruvannamalai, under Section 439 Cr.P.C. in

Crl.M.P.No.1426/2023 seeking bail and the same was dismissed on

12.07.2023. Aggrieved over the same, the present Criminal Appeal is

filed.

3. A perusal of the records shows that the accused was not

regularly appearing before the trial court, on account of which, non

bailable warrants were issued against the accused on 23.09.2019 and

17.08.2021. On all these occasions, the appellant recalled the warrant

by filing a petition under Section 70(2) Cr.P.C. Thereafter, when the case

was posted for framing of charges on 03.09.2022, the appellant/accused

did not appear before the trial court and once again a non bailable https://www.mhc.tn.gov.in/judis

Crl.A.No.786 of 2023

warrant was issued against him on the same day. The accused was

arrested by the police on 16.06.2023 and now the case is posted for

examination of witnesses.

4. Since the accused jumped bail, dismissal of the bail application

by the trial court is perfectly in order and therefore I do not see any

reason to interfere with the same. Accordingly, the Criminal Appeal is

dismissed.

5. In the result,

i. The Criminal Appeal is dismissed.

ii. The order made in Crl.M.P. No.1426 of 2023 in S.C. No.188 of

2019 by the learned Sessions Judge, Special Court for the

Exclusive Trail of POCSO Act Cases, Thiruvannamalai, is

confirmed.

31.08.2023

bga Index : yes/no Speaking /Non speaking Order

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

Crl.A.No.786 of 2023

To

1. The Deputy Superintendent of Police Thiruvannamalai District Thiruvannamalai

2. The State rep. by, Inspector of Police Thiruvannamalai Taluk Police Station Thiruvannamalai Crime No.195 of 2019

3. The Sessions Judge, Special Court for the Exclusive Trail of POCSO Act Cases, Thiruvannamalai.

4. The Public Prosecutor, High Court, Madras.

5. The Section Officer, Criminal Section, High Court, Madras

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

Crl.A.No.786 of 2023

R.HEMALATHA, J.

bga

Crl.A.No.786 of 2023

31.08.2023

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