Bail appeal under Section 14A(2) of the SC/ST (POA) Act by the first accused facing trial for murder and SC/ST offences. During pendency, trial was directed to be expedited; it concluded in conviction, leaving nothing to consider.
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Crl.A.(MD)No.688 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.A.(MD) No.688 of 2023
Suriya @ Suriyaprakash ... Petitioner/Accused No.1
Vs.
1.State rep. by The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.
2.State rep. by The Inspector of Police, Alanganallur Police Station, Madurai District. In Crime No.242 of 2022.
... 1st & 2nd Respondents/ Complainants
3.Karnan ... 3rd Respondent/Defacto Complainant
PRAYER : Criminal Appeal is filed under Section 14A(2) of the SC/ST (POA) Act, 1989, to call for the records pertaining to the order passed in Crl.M.P.(MD).No.2209 of 2023 in Spl.S.C.No.144 of 2022, on the file of the learned III Additional District and Sessions Judge (PCR), Madurai and set aside the same and enlarge the Appellant on Bail in Spl.S.C.No.
144 of 2022 in Crime No.242 of 2022 on the file of the respondent
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police.
For petitioner : Mr.M.Maran For Respondents : Mr.M.Sakthi Kumar for R1 & R2 Government Advocate (Crl. Side)
O RDER
This appeal has been filed against the order passed in Crl.M.P. (MD).No.2209 of 2023 in Spl.S.C.No.144 of 2022, on the file of the learned III Additional District and Sessions Judge (PCR), Madurai and set aside the same and enlarge the Appellant on Bail in Spl.S.C.No.144 of 2022 in Crime No.242 of 2022 on the file of the respondent police.
2.The contention of the petitioner is that he as the first accused along with co-accused facing the trial in Spl.S.C.No.144 of 2022, on the file of the learned III Additional District and Sessions Judge (PCR), Madurai, for the alleged offence punishable under Sections 120(b), 148, 149, 302 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(v) of Prevention of Corruption Act, 1988. Though the final report was taken cognizance by the trial Court. Before that the appellant was arrested and remanded to judicial custody on 19.09.2022. Seeking bail, he moved the trial Court twice. Considering the nature of offence, the trial Court dismissed the above said applications. At last he moved the third application in
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Crl.M.P.No.2203 of 2023. The same was also dismissed. Against which, this appeal has been filed.
3.Pending appeal, since the learned Additional Public Prosecutor strongly objected the grant of bail to the petitioner, direction was issued to the trial Court to complete the trial within a stipulated time. Thereafter, it was extended as requested by the trial Judge. Now, again the trial Court requests further time to complete the trial process. Hence, the matter is posted today under the caption for extension of time.
4.Today when the matter is taken up for hearing, the learned counsel for the appellant as well as the learned Government Advocate (Crl. Side) would submit that the trial process before the trial Court has been completed and the matter ended in conviction. In view of the above said submissions, nothing survives for further consideration in this appeal.
5.Recording the submissions made by the counsel on either side, this appeal stands closed.
19.10.2024
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Index : Yes/No Internet : Yes/No TM
To
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Crl.A.(MD)No.688 of 2023
G.ILANGOVAN. J.
TM
Crl.A.(MD)No.688 of 2023
19.10.2024
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1 issue framed by the court
Whether the bail appeal survives after the trial concluded in conviction during its pendency.
3 provisions across 3 enactments
Suriya @ Suriyaprakash
State rep. by The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District
State rep. by The Inspector of Police, Alanganallur Police Station, Madurai District
Karnan
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
