Madras High Court
Shahul Hameedhu vs The Deputy Superintendent Of Police on 25 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.422 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.422 of 2024
Shahul Hameedhu ... Appellant
Vs.
1.The Deputy Superintendent of Police,
Karur Rural Sub Division,
Karur District.
2.The Inspector of Police,
Aravakurichi Police Station,
Karur District.
Crime No.91 of 2024.
3.Karthick @ Muthuraja ... Respondents
PRAYER: Appeal filed under Section 14(A)(2) of SC/ST (POA) Act,
to set aside the order of the learned Principal District and Sessions
Judge, Special Court for trial of SC/ST (POA) Act cases, in
Crl.MP.No.449 of 2024, dated 30.04.2024 and enlarge the
appellant/A16 on bail in Crime No.91 of 2024, on the file of the first
respondent police.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
Crl.A(MD)No.422 of 2024
For Appellant : No appearance
For R1 & R2 : Mr.P.Kottaichamy
Government Advocate (Crl Side)
For R3 : Mr.P.Manoharan
JUDGMENT
The appellant is an accused in Crime No.91 of 2024, on the
file of the Aravakurichi Police Station, for the offence punishable
under Sections 302 and 307 IPC @ 109, 120(b), 147, 148, 302, 307 of
IPC r/w 3(2) (v) of SC/ST Act. He was arrested on 28.03.2024 and
remanded to judicial custody. The application filed by him in
Cr.MP.No.449 of 2024, for bail was dismissed by the learned Principal
District and Sessions Judge, Karur on 30.04.2024. Therefore, the
appellant has filed this Criminal Appeal before this Court in the month
of May 2024.
2.During vacation sitting, this Court has granted an interim
bail to the appellant, by its order, dated 24.05.2024 for a period of
three weeks till 15.06.2024 with the following conditions:-
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
i. The petitioner shall appear before the respondent police daily
at 10.30 a.m, till 15.06.2024.
ii. The petitioner shall surrender back to the Central Prison,
Coimbatore by 5.00 p.m, on 15.06.2024.
3. Thereafter, when this appeal was taken up for hearing, it
was reported that the appellant has not surrendered before the Central
prison as directed by this Court by its earlier order dated 24.05.2024.
4.The learned counsel appearing for the appellant has
conveniently filed a memo that he is not appearing for the appellant
and he has withdrawn his appearance. Therefore, this Court directed
the Registry to print the name of the appellant. This Court has also
directed the Superintendent of Police to form a special team to secure
the accused.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
5.Now, it is reported that the accused has been secured on
15.03.2025. It is also reported that the final report, which was filed on
13.10.2024 has not been taken on file. This Court is unable to
understand the reasons for not taking the final report on file by the
learned Magistrate, which was filed on 13.10.2024. The learned
Magistrate has to either take the final report on file or he has to return
the same, if any discrepancies are found. Without doing so, it is not
proper on the part of the learned Magistrate to keep the final report
pending without taking the same on file.
6.The learned Principal District Sessions Judge, Karur shall
call for a report from the concerned Judge for not taking the final
report on file, which was filed by the respondent Police on 13.10.2024,
in connection with Crime No.91 of 2024. In the event, if the final
report has not been filed in a proper form, they ought to have returned
the papers, citing the defects, whatsoever, at the earliest. If this is how
the delay is caused in filing the final report and also in taking up the
final report on file, then there is no need for prosecuting the cases.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
7.Considering the manner, in which, the appellant has evaded
the proceedings by obtaining an interim bail and not appearing before
the Central Prison as directed by this Court, by its order dated
24.05.2024, this Court directs the Special Court to take up the final
report on its file immediately, proceed with the trial and conclude the
trial as expeditiously as possible, preferably within a period of six
months from the date of receipt of a copy of this order, without
granting any unnecessary adjournments to the accused.
8.With the above directions, this Criminal Appeal is disposed
of.
25.03.2025
Index : Yes/No
Internet : Yes/No
vrn
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
To
1.The Principal District and Sessions Judge,
Special Court for trial of SC/ST(POA) Act cases, Karur.
2.The Deputy Superintendent of Police,
Karur Rural Sub Division,
Karur District.
3.The Inspector of Police,
Aravakurichi Police Station,
Karur District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
B.PUGALENDHI, J.,
vrn
Judgment made in
25.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/05/2025 11:51:59 am )
