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2014 DIGILAW 816 (MAD)

P. Kannan v. State

2014-04-02

P.DEVADASS

body2014
Judgment : Petition for bail. 2. Offence under Section 302 of IPC (two counts). 3. Petitioner is accused of having killed his wife and minor child. He is being prosecuted before the Mahila Court, Salem in the Sessions Case in S.C.No.270 of 2012. 4. Prosecution evidence is over. Petitioner has been examined under Section 313 Cr.P.C. The matter camp up for defence evidence. Thereafter, it came up for arguments. 5. At this juncture, petitioner filed C.M.P.No.311 of 2013 for sending Exs.P21 and P.32 for scientific comparison. On 26.09.2013, it was dismissed by the learned Additional Sessions Judge, Mahila Court, Salem. On 22.10.2013, when the sessions case came up for hearing, petitioner filed a petition under Section 309 Cr.P.C. seeking adjournment as he wish to go in revision before this Court as against the order dated 26.9.2013. It was dismissed. On 23.10.2013, petitioner's counsel filed C.M.P.No.393 of 2013 under Section 317 Cr.P.C. seeking exemption from appearance for the accused. But, it was also dismissed. And NBW was issued. 6. On 30.10.2013, in Crl.R.C.No.1329 of 2013, this Court stayed the entire trial court proceedings. Further, on 8.11.2013, the stand taken by the defence counsel in CMP.No.311 of 2013 before the learned Additional Sessions Judge was upheld by this Court in Crl.RC.No.1329 of 2013 and the revision was allowed and direction has been issued for sending Exs.P21 and P.32 to the Forensic Science Department for comparison. 7. Presuming that he may not get fair justice, on 19.2.2014, petitioner filed transfer petition before this Court to transfer the sessions case from the learned Additional Sessions Judge, Mahila Court, Salem to some other Court. It is pending. On 19.2.2014, NBW was executed. Petitioner was arrested. He was remanded. Since then he is in jail. 8. On 27.2.2014, petitioner filed C.M.P.No.110 of 2014 before the learned Additional Sessions Judge, Mahila Court, Salem seeking bail. On 4.3.2104, the bail petition was dismissed. 9. Now, in this circumstances, in this Court, petitioner seeks bail. 10. According to the learned counsel for the petitioner, for the simple reason that the defence counsel has taken steps in his professional capacity to defend his client/petitioner, petitioner is being penalized by the trial Court. The stand of the defence counsel also has been vindicated by this Court in Crl.R.C.No.1329 of 2013. 11. On the other hand, the learned Government Advocate (Crl. Side) submitted that the petitioner is a clever man. The stand of the defence counsel also has been vindicated by this Court in Crl.R.C.No.1329 of 2013. 11. On the other hand, the learned Government Advocate (Crl. Side) submitted that the petitioner is a clever man. He has avoided arguing the case. Thus, prevents judgment being rendered in the sessions case. He is not entitled to any relief. 12. I have anxiously considered the rival submissions. Perused the relevant case records. 13. An Accused is presumed to be innocent. The guilt alleged as against him must be proved beyond all reasonable doubts. This is a golden principle of English criminal law, namely, Anglo-Saxonic Criminal Jurisprudence. (See Per Lord Justice Goddard in WOOLMINGTON VS. DIRECTOR OF PUBLIC PROSECUTIONS [1935 AC 462]. We have imported this principle of criminal law to India. Even now this is the basic principle of criminal law in India. 14. Till a person is held to be guilty, he is a normal man. His such right of presumption of innocence itself is his basic human right. It will be replaced only on recording a finding of guilty by a competent Court after giving him reasonable opportunity to the prosecution and the defence. 15. It is the constitutional duty, statutory responsibility of a lawyer to defend a person accused of a crime to the best of his ability and knowledge.(See Article 21, 22(1) , Constitution of India and Section 303 Cr.P.C.). 16. Now, in this case, the defence counsel thought that a petition to send Exs.P21 and P32 to Forensic Science Department for comparison is required to be filed. He did it. Of course at a belated stage. He may have his own reasons for the same. Thus, he filed the send for petition under Section 45 of the Evidence Act. 17. Now, the stand taken by the defence counsel also has been approved by this Court in allowing Crl.R.C.No.1329 of 2013 filed as against the order of the learned Additional Sessions Judge, Mahila Court, Salem passed in Crl.M.P.No.311 of 2013. For the steps taken by the defence counsel, the accused has been put behind the bars. 18. It would be otherwise if the accused tried to flee away from justice or challenges the might and majesty of justice or enforcement of law and misuses the liberty granted to him by granting him bail. But, there must be concrete information. For the steps taken by the defence counsel, the accused has been put behind the bars. 18. It would be otherwise if the accused tried to flee away from justice or challenges the might and majesty of justice or enforcement of law and misuses the liberty granted to him by granting him bail. But, there must be concrete information. In the circumstances, it is for the learned Additional Sessions Judge to cancel his bail after giving him reasonable opportunity. 19. Simply because the defence counsel had devical a strategy to defend his client, the learned Additional Sessions Judge seems to have got offended and wanted to put the defence counsel's client(accused) inside the jail and thus issued NBW, directing the police to arrest him, although he is being defended by a lawyer of his choice, who has also filed a petition under Section 317 Cr.P.C. 20. Quality of justice depends on its majesty Justice should never be a causality. A Judge should be a man of broad heart. He should tackle the defence by using his experience. He should be tactful in handling the defence. 21. Long long ago Lord Justice Hewart remarked "Justice should not only be done but manifestly and undoubtedly seems to have been done." 22. The accused must be dealt with fairly. He must be given reasonable opportunity to defend himself. It is the duty of the judge to ensure fair trial. Then only there will be fair justice. There should not be any apprehension in the mind of the accused that he may not get fair opportunity/justice to defend himself. Adherence to these principles will enhance the quality of justice rendered, whether it is to the liking of the accused or not. 23. The learned counsel for the petitioner pointed out that even the direction of this Court in Crl.R.C.No.1329 of 2013, namely, directing to send the documents to the forensic department so far has been implemented by the trial Court. 24. It is the basic and bounden duty of the Subordinate Courts to execute the orders of the Superior Courts. The learned Additional Sessions Judge has to perform his statutory duty giving obedience to the orders of this Court till it is set aside. He has no option or exception. 25. Considering all the above aspects, I am inclined to grant bail to the petitioner. 26. Ordered as under:- (i) Bail granted. The learned Additional Sessions Judge has to perform his statutory duty giving obedience to the orders of this Court till it is set aside. He has no option or exception. 25. Considering all the above aspects, I am inclined to grant bail to the petitioner. 26. Ordered as under:- (i) Bail granted. (ii) Two sureties, who shall execute a bond for Rs.10,000/- (Rupees ten thousand only) and also by the petitioner for a like sum to the satisfaction of the learned Additional Sessions Judge, Mahila Court, Salem. (iii) He shall regularly appear before the said Court on all hearings, unless his absence is condoned by a petition filed under Section 317 Cr.P.C.