Madras High Court
Selvam vs The Assistant Commissioner Of Police on 21 February, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)No.21 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)No.21 of 2025
Selvam ... Appellant
versus
1. The Assistant Commissioner of Police,
Thirupparankundram Circle,
Thirupparankundram Police Station,
Madurai District.
2. Selvam ... Respondents
Appeal filed under Section 14A(2) of Schedule Caste / Schedule
Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the
order of the III Additional District and Sessions Court (PCR), Madurai, in
Crl.M.P.No.296 of 2024 dated 26.11.2024 and enlarge the appellant on bail
in Spl.S.C.No.64 of 2023 in Crime No.224 of 2023 on the file of the 1 st
respondent.
For Appellant : Mr.S.Prabhu
For R1 : Mr.P.Kottaichamy,
Government Advocate (Crl. Side)
For R2 : Mr.R.Alagumani
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
Crl.A.(MD)No.21 of 2025
JUDGMENT
The appellant/A2 was arrested on 08.05.2023 in connection with the
case in Crime No.224 of 2023 for the offence under Sections 302, 114,
294(b) IPC r/w. 34 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST
(POA) Act. He filed a bail petition before the III Additional District and
Sessions Court (PCR), Madurai, in Crl.M.P.No.296 of 2024 and the same
was dismissed by the trial Court on 26.11.2024. Challenging the same, the
appellant has filed this Criminal Appeal.
2. The appellant/A2 is facing trial along with the 3rd accused before
the trial Court, for the offences under Sections 302, 114, 294(b) IPC r/w. 34
IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act. The earlier
petitions filed by the appellant to release him on bail pending trial were
dismissed by the trial Court as well as the appeals preferred by the appellant
were also dismissed by this Court. According to the learned counsel
appearing for the appellant, the appellant is in jail from 08.05.2023.
3. It appears that on the petition filed by the appellant in Crl.O.P.
(MD)No.3046 of 2024 seeking expeditious trial in Spl.S.C.No.64 of 2023,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
this Court, by its earlier order dated 03.04.2024, directed the III Additional
District Judge (PCR), Madurai, to dispose of the case in Spl.S.C.No.64 of
2024 as expeditiously as possible. In these circustances, this appellant has
moved a fresh application in Crl.M.P.No.296 of 2024 before the trial Court
seeking bail and the same was dismissed by order dated 26.11.2024.
Challenging the same, the appellant is before this Court.
4. The appellant/A2 is the father of the first accused. The deceased
and the first accused loved each other and got married. Therefore, all the
accused persons said to have committed murder of the deceased, a
preganant woman. It is a case of honor killing.
5. Considering the nature of offence and also considering the period
of incarceration, this Court ascertained the stage of trial. The learned
Government Advocate (Crl. Side) submitted that trial has commenced and
the case was posted for examination of L.W.1 to L.W.3 on 21.02.2025.
Therefore, this Court posted this matter today.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
6. Today, it is reported that the appellant has not made any
arrangement to engage a counsel before the trial Court to defend his case.
7. The learned counsel for the appellant claims that the entire family
members have been arrested and remanded to judicial custoday and
therefore, they are not in a position to engage a counsel before the trial
Court to defend the case.
8. But, it appears that the accused in Spl.S.C.No.64 of 2023 are
defending their bail applications before the trial Court as well as before this
Court by enagaing different counsels.
9. Considering the conduct of the appellant in not engaging a counsel
and not cross examining the witnesses who are available for trial, this Court
is not inclined to entertain this appeal. Accordingly, this Criminal Appeal is
dismissed.
21.02.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
To
1. The III Additional District and Sessions Court (PCR),
Madurai.
2. The Assistant Commissioner of Police,
Thirupparankundram Circle,
Thirupparankundram Police Station,
Madurai District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
B.PUGALENDHI, J.
ogy
21.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:20 pm )
