This is an application for special leave to file a bail application in the trial court on the same day of surrender. The court dismissed the petition, holding that the petitioner, convicted of offences, must either surrender to undergo sentence or file an appeal, rather than approaching this court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2019
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
Crl.O.P.No.34400 of 2019
Manjunath ...Petitioner/Accused
-Vs-
The State Rep by The Inspector of Police, Hosur Town Police Station (Incharge), Traffic Investigation Branch, Hosur, Crime No.119/2007. ... Respondent/Defacto Complainant
Prayer:
Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Judicial Magistrate/Fast Track Court, Hosur to consider the bail application of the petitioner on the same day of hies surrendr before the Judicial Magistrate/Fast Track Court, Hosur in C.C.No.236 of 2016 in Crime No.119 of 2007 on the file of the respondent.
For Petitioner : Mr.Eswar Kumar and Rao
For respondents: Mr.C.Raghavan Government Advocate
ORDER
This Criminal Original Petition has been filed by the accused to direct the Judicial Magistrate [Fast Track Court ] Hosur to consider the bail application of the petitioner on the same day of his surrender before the said Court in C.C.No.236 of 2016.
1
months simple imprisonment and fine of Rs.1,000/-, in default to undergo to one month simple imprisonment.
that the petitioner is having a resident at Bangalore whereas the case was conducted before the Judicial Magistrate [ Fast Track Court], Hosur and the petitioner has entrusted the matter with his counsel. But his counsel has not properly informed to him the hearing date and hence the petitioner could not appear before the trial court on the date of the judgment. He further submitted that now the respondent police is searching the petitioner for executing the warrant and hence he requests to direct the learned Judicial Magistrate, [Fast Track Court] Hosur to consider the bail application of the petitioner on the same day of the surrender.
under sections 379 IPC and 304(A) IPC by the trial court on 24.03.2017 and awarded the sentence, the petitioner has to either surrender before the trial court and undergo the sentence awarded by the trial court or he has to file an appeal before the concerned appellate court. Instead of that he cannot file this kind of petition before this Court. This Court does not find any merit in this petition. Hence the petition is dismissed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
mfa
To
1.The Judicial Magistrate,
Fast Track Court, Hosur.
Crl.O.P.No.34400 of 2019
NMI(CO) CB(23/01/2020)
2
2 issues framed by the court
Whether a Criminal Original Petition under Section 482 CrPC can be filed to direct the trial court to consider a bail application on the day of surrender after a conviction has been pronounced.
Whether the court can grant special leave for immediate placement of a bail application following a conviction and award of sentence.
Manjunath
The State Rep by The Inspector of Police, Hosur Town Police Station
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
