The High Court dismissed the third bail application made by the petitioner in a criminal appeal. The court noted no change in circumstances despite suspension of sentence for a co-accused. The main appeal was posted for final disposal.
Petition dismissed; main appeal posted for final disposal on 10.02.2021.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Seventh day of January Two Thousand Twenty One PRESENT The Honble Mr Justice P. N. PRAKASH and The Honble Mr Justice V.SIVAGNANAM CRIMINAL MISCELLANEOUS PETITION No.7443 of 2020
IN CRL A.235/2020 K.MADHESHWARAN [ PETITIONER ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SOORAMANGALAM POLICE STATION, SALEM DISTRICT CRIME NO. 684/2013
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.235/2020 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the Judgment dated 26.02.2020 in S.C.No.113 of 2016 on the file of the learned II Additional District and Sessions Judge, Salem and enlarge the petitioners on bail pending disposal of the above CRL A.235/2020.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.235/2020 on the file of the High Court and upon hearing the arguments of MR. A.THIYAGARAJAN,Advocate for the petitioner and of MR. K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-
(Order of the Court was made by P.N.PRAKASH,J)
This is the third bail application. The first application was dismissed as withdrawn and the second application in Crl.M.P.No.5085 of 2020 has been dismissed on merits, though this Court has granted suspension of sentence to the co-accused, this Court has consciously dismissed the case of the petitioner by order dated 24.09.2020. There https://hcservices.ecourts.gov.in/hcservices/ is no change in the fact circumstances for grant of bail.
In view of the above, this miscellaneous petition is dismissed. However, Registry is directed to call for the records from the trial Court and prepare the typed-set of papers and post the main appeal for final disposal on 10.02.2021.
-sd/07/01/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE,NO.II, SALEM
2 THE CHIEF JUDICIAL MAGISTRATE
SALEM(FOR INFORMATION)
3 THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, SALEM.
4 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE,
SOORAMANGALAM POLICE STATION,
SALEM DISTRICT.
6 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE. 7 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to A.THIYAGARAJAN Advocate on payment of necessary charges
Date :07/01/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
RVR 11/01/2021
1 issue framed by the court
Whether bail should be granted to the petitioner in his third bail application given the dismissal of prior applications and absence of changed circumstances.
K. MADHESHWARAN
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, SOORAMANGALAM POLICE STATION, SALEM DISTRICT
P. N. PRAKASH
V. SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
