Madras High CourtCRL OP/5923/2021dismissed with direction

Srinivasan v. State Rep.By

2021-03-29Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.03.2021 CORAM :

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.5923 of 2021 Srinivasan ... Petitioner/Accused Vs.

State Rep. by The Inspector of Police, Mercheri Police Station, Salem District.

Crime No.199 of 2016 ... Respondent/Complaiant PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.199 of 2016 on the file of the respondent police.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mrs.M.Prabhavathi, Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The Petitioner, who was arrested and remanded to judicial custody on 16.10.2020 for the offence punishable under Sections 499 and 302 of IPC in Crime No.199 of 2016 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner would submit that the petitioner is A1 in SC No.6 of 2017 on the file of the Additional District(Fast Track) Court, Mettur. Since the petitioner failed to appear before the Court on 11.04.2018, Non Bailable Warrant was issued against him. Subsequently, the petitioner filed Anticipatory Bail petition before this Court and the same was allowed with a direction to surrender before the Court below for recalling the warrant. As per the order of this Court, the petitioner was surrendered before the Court below to recall the N.B.W and the Court below dismissed the same and remanded the petitioner. He would further submit that no overtact has been attributed as against the petitioner and he has been falsely implicated in this case. He is ready to abide the condition imposed by this Court. 3.The learned Additional Public Prosecutor appearing for the respondent would vehemently oppose stating that the case is pending from the year 2017. She would further submit that almost all the https://hcservices.ecourts.gov.in/hcservices/

witnesses were examined in this case and now, the case is at the fag end of the stage. The prosecution has filed a petition under Section 319 of Cr.P.C to add a new person as an accused. If the petitioner is let out on bail, there are every chances of him getting absconded again and thereby, derailing the progress of trial.

4. Considering the fact that the case is pending for more than 7 years, this Court is not inclined to grant bail to the petitioner. However, considering the fact that the trial is at the fag end of stage, the Trial Court is directed to dispose the petition filed under Section 319 of Cr.P.C. within a period of 20 days from today and proceed the case further on day to day basis and dispose the case as expeditiously as possible.

5. Accordingly, This Criminal Original Petition stands dismissed with the above directions.

-sd/- 29/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1.THE ADDITIONAL DISTRICT(FAST TRACK), COURT, METTUR, SALEM DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3.THE INSPECTOR OF POLICE, MERCHERI POLICE STATION, SALEM DISTRICT.

4.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges CRL OP.5923/2021 Date :29/03/2021 TK/21.04.2021 https://hcservices.ecourts.gov.in/hcservices/