Rajasekaran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.07.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14632 of 2016 1.Rajasekaran 2.Thirumurugan 3.Sathish 4.Senthilkumar 5.Chakaravarthy 6.Ragothaman 7.Ezhumalai 8.Arivazhagan 9.Ezhumalai 10.Mani 11.Rajendran 12.Balalsubramaniyan 13.Dhanam 14.Jeyanthi 15.Meenakshi 16.Pushpa 17.Sathyaraj 18.Sakthivel 19.Chakkaravarthy 20.Ezhumalai 21.Vijaya 22.Valarmathy 23.Chinakannu 24.Anjalai 25.Panjalai 26.Suguna 27.Rani 28.Manjula 29.Lakshmi 30.Ezhumalai 31.Selvanayagi ...
Petitioners Vs 1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Inspector of Police, Kandachipuram Police Station, Arakandanallur Circle, Villupuram District.
... Respondents
Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Judicial Magistrate, Tirukoilur, to dispose in accordance with law within stipulated period in CC No.70 of 2016 in Crime No.138 of 2015 on the file of the 2nd respondent.
For Petitioners : Mr.H.Rajesh For Respondents : Mr.C.Emalias, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Tirukoilur, to dispose of CC No.70 of 2016 in Crime No.138 of 2015 on the file of the 2nd respondent.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned counsel for the petitioners submitted that some of the petitioners, who have been arrayed as accused in C.C.No.70 of 2016, are unable to get public employment, on account of pendency of proceedings and therefore, they are seeking direction to the trial Court to complete the trial within stipulated period.
4. It is seen that there are totally 31 accused in this case. The accused are directed to surrender before the trial Court and they shall be released on bail under Section 436 Cr.P.C on executing a bond for Rs.2,000/- with one surety each to the satisfaction of the concerned Magistrate. The petitioners shall engage a counsel and shall be available at the time of framing of charges. After the charges are framed and the questioning is over, the trial Court is directed to complete the trial within a period of six months thereafter. The trial Court shall ensure that the accused cross examine the witnesses on the day, they are examined in-chief as directed by the Supreme Court in Vinoth Kumar Vs. State of Punjab (2015 (1) MLJ (crl) 288). If the accused adopts any dilatory tactics, it is open to the trial Court to remand them to custody in terms of the law laid down by the Supreme Court in State of Uttar Pradesh V. Shambunath Singh (JT 2001 (4) SC 319).
In view of the above directions, this criminal original petitions is closed.
sms s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate, Tirukoilur.
2.The Superintendent of Police, Villupuram District, Villupuram.
3.The Inspector of Police, Kandachipuram Police Station, Arakandanallur Circle, Villupuram District.
4.The Public Prosecutor, High Court, Chennai.
lrs(co) prk4/8 Crl.OP.No.14632 of 2016