Sakthivel v. State by
Case brief
What is this about?
The Madras High Court dismissed the Criminal Appeal against the dismissal of a bail petition. The court held that it would not intervene where an accused delays trial through frequent absence and collusion, hindering the framing of charges despite warnings.
What did the court decide?
The Criminal Appeal is dismissed; the petitioner is at liberty to move a bail petition before the Court below.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 13.11.2018
CORAM THE HONOURABLE THIRU JUSTICE V. PARTHIBAN
Crl.A.No.704 of 2018
Sakthivel
..Petitioner/Accused versus
- State by
The Inspector of Police, Tholasmpatti Police Station, Salem District ..Respondent/Complainant
Prayer: This Criminal Appeal is filed under Section 374(2) Cr.P.C., seeking to set aside the order dated 31.10.2018 passed by the learned Principal Sessions Judge, Salem in C.M.P.No.3771 of 2018 in S.C.No.278 of 2016 and enlarge the petitioner on bail.
This Criminal Appeal has been preferred by the appellant, seeking to set aside the order dated 31.10.2018 passed by the learned Principal Sessions Judge, Salem in C.M.P.No.3771 of 2018 in S.C.No.278 of 2016 and enlarge the petitioner on bail.
- The appellant herein, is one of the accused in S.C.No.278 of 2018 on the file of the Principal Sessions Judge, Salem, for the offences under Sections 147, 148, 427, 526(ii) IPC and Section 3(1)(x) of SC & ST (POA) Act. It appears that on 26.10.2018, due to non-appearance of the appellant, an NBW was issued by the Court below, pursuant to which, the appellant was arrested and remanded to judicial custody. Thereafter, the appellant moved a petition in CMP No.3771 of 2018 in S.C.No.278 of 2016 under Section 439 Cr.P.C., seeking to grant bail, which came to be dismissed by the Court below. Aggrieved by the same, the appellant has come forward with the present appeal.
Issues for consideration
2 issues framed by the court
Whether the Criminal Appeal filed by the appellant seeking bail should be entertained considering the accused's frequent absences and delay in trial.
Whether the High Court should interfere with the Principal Sessions Judge's dismissal of the bail petition due to the appellant's absence and hindrance of the trial process.
Parties & counsel
- appellant
Sakthivel
- respondent
State
Coram
V. Parthiban
Case details
As recorded by the court registry
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