P.Chellam v. Deputy Superintendent Of Police

CRL OP NO. 4010 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 4010 of 2024 P.Chellam Petitioner(s)

1. The Deputy Superintendent Of Police, CCIW, Salem.

2. The Inspector of Police, CCIW, Vellore.

Respondent(s) Prayer: Criminal Original Petition filed under section 482 of Cr.P.C., praying to issue a direction to the Magistrate No.11, Vellore to split C.C.Nos.9,10,11,19,20,28,29,39 of 2012 from out of .C.Nos.6 to 76 of 2012 and direct the Magistrate to conduct separate trial for the split Ccs and direct the Magistrate to dispose the case as early as possible. For Petitioner(s) : M/s.P.Chandrasekar For Respondent(s) : A.Gopinath, Government Advocate( Criminal Side)

ORDER

This petition has been filed to issue a direction to the Magistrate No.11, Vellore to split C.C.Nos.9,10,11,19,20,28,29,39 of 2012 from out of C.C.Nos.6 to 76 of 2012 and direct the Magistrate to conduct separate trial

for the split CCs and direct the Magistrate to dispose the case as early as possible.

2. The petitioner was working as Cooperative Sub-Registrar, Alangayam and based on the complaints registered against the employees of the Giriasamudram Primary Agricultural Cooperative Bank and Board Members of Bank for the offences alleging misappropriation of funds in Giriasamudram Primary Agricultural Cooperative Bank, cases in C.C.Nos.6 to 76 of 2012 (71 cases) were pending before the Judicial Magistrate No.II, Vellore. Out of 71 cases, the petitioner was arrayed as an accused in eight cases viz., C.C.No.9,10,11,19,20,28,29,39 of 2012. Now the prosecution had examined 55 witnesses as PW1 to PW55 out of 77 witnesses. Totally there are 23 accused and out of the 23 accused, the petitioner was arrayed as 3rd accused. At this stage, the petitioner has sought for a direction to split up the cases filed as against him for conducting separate trial.

3. After commencement of trial, that too, after examination of 55 witnesses out of 77 prosecution witnesses, without any reason, the case against the petitioner alone cannot be split up from the other accused

persons for separate trial. Therefore, the relief sought for by the petitioner herein cannot be granted. The Criminal Original Petition is dismissed. However, the trial court is directed to dispose of the abovesaid calender cases within a period of three months from the date of receipt of a copy of this order.

19-02-2025 Index: yes/no internet:yes/no msr To 1.The Deputy Superintendent Of Police CCIW, Salem.

2. The Inspector Of Police CCIW, Vellore.

G.K. ILANTHIRAIYAN, J.

msr CRL OP NO. 4010 of 2024 19/02/2025