VIJAYAKUMAR Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) This appeal is filed as against the dismissal order dated 18. 05. 2020 passed by the learned Sessions Judge, Special Court for Exclusive trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 in Crl. M. P. No. 711 of 2020, thereby refusing bail to the appellant in Crime No. 401 of 2015, registered for the offences under Sections 109 , 147 , 294(b) , 324 , 342 and 307 r/w 34 IPC & 3(1) (x), 3(2) (v) of the SC/ ST Act , 1989 before the Special Court for Exclusive trial of cases registered under the SC/ST (POA) Act, on the file of the respondent police.

(2.) It is a case of jumped bail. The said case was taken on file by the learned Sessions Judge, Special Court for Exclusive trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 as Spl. SC. No. 68 of 2016 and charges were framed against the appellant for the alleged offences punishable under Sections 109 , 147 , 294(b) , 324 , 342 and 307 r/w 34 IPC and 3(1) (x), 3(2) (v) of the SC/ ST Act , 1989 before the Special Court for Exclusive trial of cases registered under the SC/ST (POA) Act. On 01. 10. 2018, when the case was taken up, the appellant was not present before the trial Court, which resulted in issuance of Non-bailable warrant against him. Subsequently, he was arrested and remanded to judicial custody on 23. 01. 2020.

(3.) The learned counsel for the appellant submitted that the appellant was regularly appearing before the trial Court and on 01. 10. 2018, when the Sessions Case was taken up, due to illness, he was not present, which resulted in issuance of NBW against him. He further submitted that the non-appearance of the appellant before the trial Court on the said day is neither willful nor wanton. Without considering the said aspect in a proper perspective, the trial Court dismissed the bail petition filed by the appellant.