Kamalakannan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.8341 of 2022 IN SC.NO.14/2022 (On the file of the District and Sessions Judge Thiruvarur) 1 KAMALAKANNAN [ PETITIONERS/ ACCUSED ] 2 SARAVANAN @ SARAVANA KUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.
(CR.NO. 84 OF 2021) For Petitioner : M/S. J.JAWAHAR Advocate For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 15.07.2021 for the alleged offence under Sections 341, 294 (b), 120B, 302 of I.P.C. subsequently altered into 147, 148, 341, 294 (b), 120B, 302 and 109 r/w 34 of I.P.C. in Crime No.84 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased was working in a private concern and he belong to political party. On the date of occurrence, 1st accused and other two unknown persons have brutally attacked husband of defacto complainant, thereby her husband sustained grievous injuries and subsequently he died. Hence, the complaint.
3. The learned counsel appearing for petitioners submitted that this is the third petition praying for bail and the petitioners are arrayed as A2 and A3. He would submit that they are in jail for more than 330 days and the trial is pending in S.C.No. 14 of 2022, on the file of District and Sessions Judge, Thiruvarur. Hence, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that A1 engaged A2 and A3 and there is a specific overtact against A2 and A3. He would also submit that there are three previous cases against them. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioners and also considering the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. However, considering the fact that the accused are in custody for more than 330 days, the trial court is directed to expedite the trial and dispose the same within a period of three months from the date of receipt of copy of this order. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/06/2022 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 DISTRICT AND SESSIONS JUDGE, THIRUVARUR.
2 THE INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. J.JAWAHAR Advocate on payment of necessary charges CRL OP.8341/2022 Date :15/06/2022 CSK 22/06/2022