J.Johnson v. State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2020
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR J.Johnson ... Petitioner Vs.
State rep by its, Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur.
Crime No.1044 of 1996 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of the Code of Criminal Procedure, to enlarge the petitioner on bail in S.C.No.8 of 2006 pending on the file of the I Additional Sessions Judge, Tiruvallur.
For Petitioner :
Mr.S.Shrenik Raj For Respondent :
Mr.C.Iyyappa Raj Additional Public Prosecutor '
*****
ORDER
The petitioner, who is an accused in S.C.No.8 of 2006 was arrested on 31.01.2020 pursuant to the Non-Bailable Warrant, seeks bail.
2.The contention of the learned counsel for the petitioner is that the petitioner was arrested on 31.01.2020 in pursuant to the Non-Bailable warrant and he has been in confinement for the past 135 days. Due to the prevailing situation, the trial could not be proceeded and the petitioner has been kept in prolonged confinement. The learned counsel further submitted that the petitioner was residing with his family in Tuticorin and he will abide by any condition and will not abscond, hereafter. Further, to instruct his counsel and to effectively defend the case, the petitioner to be granted on bail.
3.The learned Additional Public Prosecutor appearing for the respondent submitted that the respondent registered a case in Crime No.1044 of 1996 on 06.12.1996, on the complaint of VAO of Pattaraiperumbudur Village for the alleged occurrence taken place on 05.12.1996. During investigation three accused namely Srinivasan/A1, Johnson/petitioner and Kuppan/A3 were arrested. The case of the prosecution is that the petitioner along with Srinivasan/A1 approached one Manohar to arrange a car for transporting hospitalized person from Tiruvallur to Chennai, on their request the said Manohar had arranged
Maruthi Omni Model car bearing registration number TSP 9333 from GK Travels belonging to one Kalidoss. While travelling from Chennai to Thiruvallur in Tiruttani Highway, the accused strangulated the driver of the car namely one Shagul Hameed to death and thrown the body underneath the Kosasthalai river bridge in Pattaraiperumbudur Village, further they had also robbed the watch and other materials of the deceased. The respondent Police on completion of the investigation filed charge sheet against the petitioner and two others for the offence under Section 392, 302 r/w 34 and 201 r/w 34 IPC. The petitioner was arrested on 23.05.1997, remanded to judicial custody. Thereafter, the petitioner was granted bail on 16.03.1999 after 21 months. The petitioner was appearing before the trial Court regularly till 2003. Thereafter, the petitioner absconded himself and the case against the petitioner was split up in S.C.No.8 of 2006.
4.The learned Additional Public Prosecutor further submitted that the learned I Additional Sessions Judge, Tiruvallur, after fulfledged trial in S.C.No.304 of 1998 [Mother Case] acquitted Kuppan/A3 and convicted Srinivasan/A1. After a period of 17 years on 31.01.2020 with
great difficulty, the respondent Police secured the petitioner. If the petitioner is enlarged on bail, he would abscond and the trial in S.C.No.8 of 2006 would be stalled. The petitioner had been absconding for nearly 17 years.
5.Considering the facts and circumstances of the case, it is seen the occurrence had taken place in the year 1996, the petitioner was arrested and granted bail 16.03.1999 and thereafter, he participated in the trial along with other accused in S.C.No.304 of 1998. From the year 2003, he absconded and the case in S.C.No.304 of 1998 was split up and S.C.No.8 of 2006 was assigned. On 31.01.2020, NBW was executed. At this stage, granting of bail to the petitioner would only further delay the trial in S.C.No.8 of 2006.
6.In view of the same, this Court is not inclined to grant bail to the petitioner. The petition is dismissed, accordingly. Considering that there are 18 witnesses in this case and the submissions of the learned Additional Public Prosecutor endeavour would be made to complete the trial without delay after lifting down of lock down, this Court directs the
trial Court to complete the trial expeditiously after lifting down of lockdown and regular functioning of the Court commence. 09.07.2020 Index: Yes/No Internet: Yes/No vv2 To 1.The I Additional Sessions Judge, Thiruvallur.
2.The Inspector of Police, Tiruvallur Taluk Police Station, Tiruvallur.
3.The Public Prosecutor, High Court Madras.
M.NIRMAL KUMAR, J.
vv2 09.07.2020