Supreme Court Restores Criminal Revision Dismissed by Madras High Court; Grants Bail to Appellant.


23 September 2025 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Revision >> Criminal Law  

The Supreme Court has reserved a Madras High Court direction dismissing a criminal revision petition for non-appearance and reinstated the case for fresh hearing. S. Suresh, who had appealed his conviction under Sections 450 (house trespass to commit an offence) and 307 (attempt to murder) of the Indian Penal Code, had made the appeal.

A Bench of Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti, granting leave to appeal, commented that the High Court judgment rejecting the criminal revision on 30 April 2024 solely on the ground of non-appearance of counsel could not be maintained. The Court mentioned that the revision petition had been admitted formally, and the appellant was already on interim bail pending such revision. On the specific date when the issue was fixed, the appellant's advocate could not attend for good personal reasons, but the High Court struck out the case in default.


 

 
 
 

The State of Tamil Nadu's counsel did not resist the remand application. Given the facts, the Supreme Court ordered that the revision ought to have been disposed of on merits and not rejected at the gate. The Court thus granted the appeal, set aside the High Court judgment, and reinstated Criminal Revision Case No.1482 of 2019 on its original docket for hearing on merits.

Because the appellant was re-arrested as a result of the dismissal of the High Court, the Supreme Court ordered his release on bail as an interim measure pending the eventual disposal of the revision. The Bench made it clear that the conditions and terms of such bail would be decided by the trial court.

Following these guidelines, the Court dismissed the appeal and pending applications in relation to the case.


Section 307., Indian Penal Code - 1860  

Section 450., Indian Penal Code - 1860  

Indian Penal Code, 1860