Bail petition dismissed after Court noted irregularity where successive applications were listed before different judges instead of original judge, contrary to Supreme Court guidelines.
Bail petition dismissed; Registrar General directed to conduct Vigilance Enquiry against Registry Officials.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.13495 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 27/11/2020
PRESENT
The Hon`ble Mr.Justice S.M.SUBRAMANIAM
CRL OP(MD). No.13495 of 2020
Palanivelu ... Petitioner/Sole Accused
Vs The State rep.by The Inspector of Police, Sampattividuthi Police Station, Pudukkottai District.
Crime No.322/2020 ... Respondent/Complainant
For Petitioner : Mr.R.Maheswaran,
Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in crime No.322 of 2020 on the file of the respondent Police
ORDER : The Court made the following order :-
Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2.The petitioner is the sole accused. He was arrested and remanded to Judicial Custody on 15.10.2020, for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C., @ 294(b), 323, 324, 506(ii) and 302 I.P.C., in Crime No.322 of 2020, on the file of the respondent police. He seeks bail.
3.The very same petitioner filed a bail petition in Crl.O.P(MD) No.12777 of 2020, before this Court, on 05.11.2020. The earlier bail petition was taken up for hearing on 10.11.2020 and the said bail petition was dismissed, mainly on the ground that the petitioner/accused had brutally attacked the deceased, who was aged about 75 years, who in turn, sustained very serious injuries and https://hcservices.ecourts.gov.in/hcservices/ after taking treatment he died.
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4.Though the case was initially registered under Sections 294 (b), 323, 324 and 506(ii) of I.P.C., subsequently, it was altered into Sections 294(b), 323, 324, 506(ii) and 302 I.P.C. The petitioner was arrested on 18.10.2020 and remanded to judicial custody. The first bail petition was filed by the petitioner on 05.11.2020, after 17 days from the date of arrest. The earlier bail petition was dismissed, as the investigation is in progress.
5.The learned Government Advocate(Crl.side) raised serious objections by stating that, in the event of granting of bail, there is every reason to believe that the petitioner/accused will tamper the evidence and hamper the witness.
6.Though the earlier bail petition was dismissed on 10.11.2020, now the present bail petition was filed once again on 19.11.2020, within a period of 9 days from the date of dismissal of the earlier bail petition.
7.The learned Government Advocate (Crl.side) appearing for the State made a submission that even within 9 days, six days were Deepavali Holidays and the present bail petition is filed within 3 working days. There is no chance for any change in the investigations due to Deepavali Holidays. Soon after the receipt of the dismissal order, immediately, the present bail petition is filed on 19.11.2020.
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CRL OP(MD). No.13495 of 2020
9.The Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) No.872 of 2005 held that “ In view of the principle laid down by this Court, since the learned Judge, who had refused bail in the first instance was available, the matter should have been placed before him. This Court has indicated that such cases of successive bail applications should be placed before the same Judge, who had refused bail in the first instance, unless that Judge is not available. We hope the High Court will take notice of the judgment of this Court .”
10.Pursuant to the judgment of the Hon'ble Supreme Court, the High Court issued Circular in R.O.C.No.530-A/2006/F1, dated 08.02.2006 and the same is extracted hereunder:
C I R C U L A R
Sub :Bail Applications – Posting of successive bail applications before the same Hon'ble Judge who had refused bail in the first instance as per the observation of the Hon'ble Supreme Court in Petition for Special Leave to Appeal (Crl.) No.872/2005 – Instructions Issued – Regarding.
Ref:Letter of the Assistant Registrar in D.No.1927/2005/SEC-IIA of Supreme Court of India, New Delhi with the enclosure of the Orders in Petition for Special Leave to Appeal(Crl.) No.872/2005.
It is hereby directed that as per the directions of the Hon'ble Supreme Court of India in petition for Special Leave to Appeal(Crl.) No.872/2005 dated 13.01.2006, the successive bail applications filed should be posted before the same Hon'ble Judge, who had refused the bail in the first instance unless that Hon'ble Judge is not available and the petitions for cancellation of bail should also be posted before the same Hon'ble Judge, who granted bail in the first instance, unless that Hon'ble Judge is not available.
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CRL OP(MD). No.13495 of 2020
These instructions are to be followed scrupulously and any deviation in this regard will be viewed very seriously.
HIGH COURT:MADRAS Sd/-S.PALANIVELU DATED:08/02/2006 REGISTRAR GENERAL
/True copy/Forwarded/By Order/
DEPUTY REGISTRAR(GROUPING)”
(i). The Bail Petition stands dismissed.
(ii). The Registrar General, High Court of Madras, is directed https://hcservices.ecourts.gov.in/hcservices/ to conduct a detailed enquiry, including Vigilance Enquiry,
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CRL OP(MD). No.13495 of 2020
regarding the irregularities and illegalities being committed by the Registry Officials at Madurai Bench of Madras High Court and initiate appropriate action against all concerned, including disciplinary proceedings.
sd/27/11/2020 / TRUE COPY /
/ /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE INSPECTOR OF POLICE, SAMPATTIVIDUTHI POLICE STATION, PUDUKKOTTAI DISTRICT. 2.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI. 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
1.THE REGISTRAR GENERAL, MADRAS HIGH COURT, CHENNAI. 2.THE ADDITIONAL REGISTRAR GENERAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.13495 of 2020 Date :27/11/2020 NS TK/PN/SAR.2/01.12.2020/5P/6C
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2 issues framed by the court
Whether bail petition filed within days of dismissal should be allowed raising fresh grounds.
Whether listing of successive bail petitions before different judges violates Supreme Court orders.
Colour shows how this judgement treated each authority
Special Leave Appeal (Crl.)No.872 of 2005Applied¶29
Palanivelu
The State
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
