Madras High Court
CRL RC/1508/2019 of MANIGANDAN Vs STATE REP BY on 30 December 2019
COURT OF JUDICATURE AT MADRAS DATED : 30.12.2019 CORAM THE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.12.2019
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHANCRIMINAL REVISION NO.1508 OF 2019
ManigandanS/o.Perumal
.. Petitioner
versus
State represented by The Sub-Inspector of Police,Veraiyoor Police Station,Tiruvannamalai District.Crime No.322/2019
.. Respondent
Prayer: Criminal Revision filed u/s.397 r/w 401 Cr.P.C. prayingto call for the records in Crl.M.P.No.1061 of 2019 dated25.11.2019 on the file of Fast Track Mahila Court,Tiruvannamalai.
For Petitioner :
For Respondent :
Mr.L.MahendranMr.T.Shunmugarajeswaran
Government Advocate
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*****O R D E R
Petitioner has filed the present revision seeking to setaside the order passed in Crl.M.P.No.1061 of 2019 dated25.11.2019 on the file of Fast Track Mahila Court,Tiruvannamalai.
2. Petitioner is shown as an accused in Crime No.322 of2019 registered on the file of respondent for offences u/s.366(A) IPC @ 366(A) IPC, Section 3(a), 4, 17 of POCSO Act, 2012 andSections 9 and 11 of Prohibition of Child Marriage RestraintAct, 2006. The petitioner was arrested on 04.08.2019 andcontending that the final report has not been filed within 90days, he applied for default bail u/s.167(2) Cr.P.C. The saidpetition was dismissed by the learned trial Judge on the groundthat the petitioner has been detained under the Tamil Act 14 of1982.
3. I am of the view that the detention of the petitionerunder the preventive detention law cannot come in the way ofgranting bail u/s.167 Cr.P.C. Even if default bail is granted,the petitioner cannot come out unless his detention order isquashed. Therefore, the order impugned in this revision is setaside and the Criminal Revision Case shall stand allowed. Thetrial Court will pass order regarding the sureties to be offeredby the petitioner.
Sd/- Assistant Registrar(DR-CS)(VO) //True Copy// Sub Assistant Registrarsri/gmTo1. The Sub-Inspector of Police, Veraiyoor Police Station, Tiruvannamalai District.2. The Fast Track Mahila Court, Tiruvannamalai.3. The Public Prosecutor, High Court, Madras.+1cc to Mr.L.Mahendran, Advocate, in Sr.No.196 (02.01.2020)Criminal Revision No.1508 of 2019GP(CO)CB(02/01/2020)