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Madras High CourtCRL OP/2524/2020dismissed

Anand @ Ganesh @ Kannukutty Ganesh v. State By

2020-03-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.No.2524 of 2020 Crl.O.P.No.2524 of 2020 G.K.ILANTHIRAIYAN,J.

The petitioner, who was arrested and remanded to judicial custody on 22.05.2018 for the offences under Sections 147, 148, 342, 302, 307, 326, 324 of IPC read with 149 of IPC and Sections 3 and 4 of Explosive Substances Act 1908 in Crime No.84 of 2017 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 18.10.2017, the petitioner along with others unlawfully assembled and confined the de-facto complainant and his friends and assaulted three of his friends using knife, Veechu Aruval and Country Bomb and caused instantaneous death to them. There are totally 13 accused in this case and the petitioner is A8. Hence, a case was registered against the petitioners herein.

3. Heard both sides and gone through the status report filed by the respondent police.

4. It is seen that already by an order dated 10.07.2019, this Court had directed the Trial Court to complete the trial within a period of six months. The learned Public Prosecutor (Puducherry) stated that so far LW1 to LW4 and LW6 and LW7 were examined on 22.01.2020. On 23.01.2020 LW5, LW8 to LW10 were examined. On 28.01.2020 LW12 to LW18, LW21 to LW25 were examined and LW19 and LW20 were dispensed. On 30.01.2020, LW26, LW27, LW29 to LW31 were examined and LW28 had expired. On 10.02.2020, LW32 to LW38, LW40 to LW42 were examined. On 11.02.2020, LW45 to LW49, LW51 to LW53 were examined. On 27.02.2020 LW43, LW44 and LW 54 to http://www.judis.nic.in

Crl.O.P.No.2524 of 2020 G.K.ILANTHIRAIYAN,J.

smv LW 61 were examined. On 03.03.2020, LW62 and LW63 were examined by the learned II Additional District Judge, Puducherry. The next hearing of the case was posted on 06.03.2020 for examination of LW65 to LW71 and fresh summon was issued to the witnesses to appear before the Court.

5. In view of the above that the trial is under process and granting bail to the petitioner will derail the trail. Hence, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

06.03.2020 smv Crl.O.P.No.2524 of 2020 http://www.judis.nic.in