SATHIS KUMAR @ KUPPAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed in Crl.M.P.No.148 of 2019 in S.C.No.132 of 2019 dated 12.09.2019 on the file of the learned Additional District Judge, FTC Court, Vellore.

(2.) The learned counsel for the petitioner would submit that the petitioner was already enlarged on bail in S.C.No.132 of 2019 and the said case has been taken cognizance for the offence under section 120(b) , 148 , 302 , 506(ii) and 322 IPC r/w.34 and 109 IPC. Even then, he could not come out from the prison. He was already convicted in S.C.No.124 of 2018 on the file of the Assistant Sessions Court, Vellore. The petitioner was repeatedly produced on PT warrant before the trial Court in S.C.No.132 of 2019. While being so, the trial Court without any jurisdiction, without any notice to the petitioner, mechanically cancelled the bail granted to the petitioner in S.C.No.132 of 2019, only for the reason that, the petitioner is produced on PT warrant repeatedly and for the convenience of trial, his bail was cancelled. Now the conviction in S.C.No.124 of 2018, is under challenge in Criminal Appeal No.754 of 2019 before this Court. Even if the petitioner is granted bail by this Court, he could not able to come out from the prison since the bail granted in S.C.No.132 of 2019 now is cancelled.

(3.) The learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and leader of one group and the deceased is leader of another group. Further, he would submit that only for the purpose of trial, the bail granted to the petitioner is cancelled. Now he is also convicted in S.C.No.124 of 2018 and the appeal is pending before this Court. So far, his sentence is not yet suspended by this Court and as such, the trial Court rightly cancelled the bail granted by this Court.