Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE B.PUGALENDHI
M.Gopalakrishnan – Appellant
Versus
State through The Deputy Superintendent of Police, Melur Sub Division – Respondent
JUDGMENT :
B.Pugalendhi, J.
These Criminal Appeals are filed as against the orders passed by the learned III Additional District and Sessions Judge (PCR), Madurai, in Crl.MP.Nos.18, 19, 20 of 2025, dated 04.03.2025 and Crl.MP.No.320 of 2024, dated 17.02.2025, in connection with Crime No.39 of 2020 on the file of the Melavalavu Police Station, rejecting the bail applications.
2.Since all these criminal appeals are arising out of the rejection of bail in connection with the same criminal case, all the appeals are taken up for hearing together and are disposed of by way of this common judgment.
3.The appellants before this Court are accused nos.1 to 4 & 11 in Crime No.39 of 2020, on the file of the Melavalavu Police Station. The allegation as against these appellants is that when one Suresh, the defacto complainant's friend, was attempting to fence the property, pursuant to the survey conducted on 24.02.2020, the appellants have abused and attacked the said Suresh as well as the defacto complainant, who accompanied him and caused injuries to them. On the complaint lodged by the third respondent / defacto complainant, the case in Crime No.39 of 2020 was registered for the offence u/s.147,
The court emphasized the principle of presumption of innocence, stating that an accused is entitled to bail unless compelling reasons exist, particularly when prior incidences may indicate malicious ....
The court emphasized the necessity of fair investigations and the potential for abuse in legal processes, ordering transfers to an independent agency due to systemic lapses in police investigations.
Criminal proceedings for encroachment must be based on proper demarcation and adjudication by revenue authorities, not solely on police investigations.
Criminal proceedings cannot be initiated without prima facie evidence of an offence; retaliatory and frivolous complaints abuse judicial process.
The court quashed criminal proceedings against the accused, determining that the allegations were civil in nature and lacked prima facie evidence of criminal wrongdoing.
The court ruled that charges under the Prevention of Damage to Public Property Act were improperly invoked, emphasizing that encroachments should be addressed under the U.P. Revenue Code, which provi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
