S.Prasath Kumar v. S.Periyasamy
Case brief
What is this about?
The Madras High Court allowed a criminal revision and set aside an order directing the petitioner to surrender before grant of appeal bail.
What did the court decide?
The revision is allowed; the impugned order directing surrender is set aside; the Principal Sessions Judge is directed to hear the appeal bail petition.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016 CORAM:
THE HONOURABLE DR.JUSTICE P.DEVADASS
C.R.L.RC(MD) No.430 of 2015
S.Prasath Kumar ... Petitioner
-vs-
S.Periyasamy ... Respondent
PRAYER: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records and set aside the order dated 04.08.2015 made in Crl.M.P.No.761 of 2015 in C.A.No.53 of 2014 on the file of the Hon'ble Principal Sessions Judge, Karur.
For Petitioner : Mr.N.Shanmugaselvam
For Respondent : Mr.V.Perumal
O R D E R
The legality, propriety and regularity of the impugned order in Crl.M.P.No.761 of 2015 in C.A.No.53 of 2014 passed on 04.08.2015 by the learned Principal Sessions Judge, Karur, has been canvassed in this revision.
Issues for consideration
2 issues framed by the court
Whether an appellate court can grant appeal bail without insisting upon the physical presence or surrender of the convicted accused.
Whether the impugned order directing surrender as a condition precedent for hearing appeal bail is sustainable in view of established principles of law.
Parties & counsel
- petitioner
S. Prasath Kumar
- respondent
S. Periyasamy
Coram
P. Devadass
Case details
As recorded by the court registry
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