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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
Palanivel - Appellant
Versus
The State, Represented by Inspector of Police, Veeranam Police Station, Salem - Respondents
CRL.O.P. No. 14320 of 2019
Decided on : 11-07-2019
Criminal Procedure Code,1973 – Section 482,267,437(5),439(2),272,167,268 and 446 – Indian penal Code,1860 – Section 302 - Criminal Original petition has been filed challenging order passed by Court below cancelling bail granted in favour of petitioner - This is a text book case of how trial Courts are being hoodwinked and proceedings are virtually frustrated and stalled by a devious and wily practice adopted by accused persons, where multiple accused persons are involved in a single case and each of them keeps absconding in turns and thereby blunt and make the proceedings ineffective - An FIR came to be registered in Crime No.538 for a major offence under Section 302 of IPC, which consisted of nearly 23 accused persons and petitioner was ranked as A4 - Investigation was completed and final report was filed and case was taken on file in SC No.34 by 1st Additional Sessions Judge - Immediately after the FIR was registered, petitioner herein surrendered before the Judicial Magistrate No.4, and he was remanded to judicial custody - Later, petitioner filed petition in Crl.O.P.No.44625 seeking for bail before this Court and this Court by an order enlarged petitioner on bail by imposing certain conditions – Held, order of Sessions Court shows that the learned Magistrate has been empowered to consider question of violation of any of conditions imposed by Sessions Court and was given powers to pass appropriate orders - Plea raised by appellant’s learned Counsel is that when learned Magistrate had no such power, Sessions Court was not empowered to invest that power in Magistrate – Courtdo not find any force in this contention - From the above judgment, it is clear that bail granted by a Superior Court/Higher Court cannot be cancelled by Magistrate Court/Subordinate Court - As a general public proposition this is law governing the filed - However, the Hon’ble Supreme Court has carved out an exception and held that if bail order of Superior Court/Higher Court provides that Magistrate Court/Subordinate Court can take appropriate action as if conditions have been imposed and accused was released on bail by Magistrate Court/Subordinate Court itself, then Magistrate Court/Subordinate Court is entitled to cancel bail even though the bail was granted by the Superior Court/Higher Court - Trial Court shall complete the proceedings in S.C.No.217 within a period of three months from date of receipt of copy of this order – Order accordingly.
(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records made in order dated 29.03.2019 passed in S.C.No.217 of 2009 on the file of First Additional Sessions Judge, Salem and set aside the same.)
1. This Criminal Original petition has been filed challenging the order passed by the Court below cancelling the bail granted in favour of the petitioner.
2. This is a text book case of how the trial Courts are being hoodwinked and proceedings are virtually frustrated and stalled by a devious and wily practice adopted by accused persons, where multiple accused persons are involved in a single case and each of them keeps absconding in turns and thereby blunt and make the proceedings ineffective.
3. An FIR came to be registered in Crime No.538 of 2003 for a major offence under Section 302 of IPC, which consisted of nearly 23 accused persons and petitioner was ranked as A4. The investigation was completed and final report was filed and the case was taken on file in SC No.34 of 2005 by the 1st Additional Sessions Judge, Salem. Immediately after the FIR was registered, the petitioner herein surrendered before the Judicial Magistrate No.4, Salem on 25.08.2003 and he was remanded to judicial custody. Later, the petitioner filed the petition in Crl.O.P.No.44625 of 2003 seeking for bail before this Court and this Court by an order dated 06.01.2004 enlarged the petitioner on bail by imposing certain conditions.
4. It will be relevant to extract the Court proceedings that took place from 28.01.2005 to 25.06.2007, as follows:
28.01.05
Received by transfer from Principle District Court, Salem. Issue Proceedings to the Committal Court for appearance of the accused by 10.2.2005
10.02.05
Letter sent in D.No 73/05 dated 31.1.05 for apparance.A10 to A14 and A16 to 24 present. A15 produced. Mr.P.Perumal files MOA for A10 to A12, A14, A22. Mr.A.Murugesan filed MOA for A18. Engaging defense counsel for A1 to A9, A13, A15 to A17, A19 to A21, A23 to A24 by 24.02.05. Remand extended till then for A15.
24.02.05
For engaging defence lawyer for A1 to A9, A13, A15 to A17, A19 to A21, A23 and A24. A1 absent. Mr.A.S.Anbu files MOA to A16, A19, A20. A2 to A14, A16 to A24 present. A15 produced. Mr.A.Vanthamathatharam filed MOA to A15. Engage defence counsel for A2 to A9, A13, A17, A21, A23 and A24. A1 absent. Issue NBW for A1. A15 to be produced on 9.3.05 if he is custody.
9.3.05
A2 to A14, A16 to A24 present. Mr.A. Vanthamathatharam files MOA for A9, A17. A15 not produced and not present. NBW pending against A1. Call on 24.3.05. For engaging defence counsel for A2 to A4, A13, A17, A2, A23 and A24. Address central prison authorities.
24.3.05.
A2 to A24 present. Mr.A.S.Anbu files MOA for A13, A23. Engage defence counsel for A2 to A12, A14 to A22 and 24 by 7.4.05. NBW pending against A1.
7.4.05
A2 to A24 present. Engaging defence counsel for A2 to A18, A15 to A24 by 27.4.05. NBW against A1 pending.
27.4.05
A2 to A24 present. For engaging defence counsel for A2 to A8, A15, A21, A24 by 12.5.05 NBW pending against A1.
12.5.05
A2 to A24 present. Mr.P.Chandra sekaran, files MOA for A2 and A23. NBW pending against A1 Call on 26.5.05
26.5.05
A2 to A24 present. Mr.P.Chandra sekaran, files MOA for A13 and A23. NBW pending against A1 Call on 8.6.05
8.6.05
A2 to A24 present. Call on 28.6.05
28.6.05
A2 to A24 present. Call on 12.07.05
12.7.05
A2 to A24 present. NBW pending against A1. Call on 2.8.05
2.8.05
A2 to A24 present. NBW pending against A1. Call on 24.8.05
24.8.05
A2 to A24 present. NBW pending against A1. Call on 15.9.05
15.9.05
A2 to A24 present. NBW pending against A1.29.9.05
29.9.05
A2 to A24 present. NBW pending against A1. Call on 20.10.05
20.10.05
A2 to A24 present. NBW pending against A1. Call on 15.11.05
15.11.05
A2 to A24 present. NBW pending against A1. Call on 29.11.05
29.11.05
A2 to A24 Present, NBW Pending against A1.Call on 20.12.05
20.12.05
A2 to A18 and A20 to A24 Present, A19 absent. Petition us 317CrPC filed and allowed NBW pending
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