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Madras High CourtCRL OP/9957/2020dismissed

Vishnu v. State Rep By

2020-07-02Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.9943, 9957, 9958 and 9959 of 2020 Vishnu, M/A 28 years S/o.Murugavel No.13/3, Ammanputur Mettur Via Pothanur Post Coimbatore.

.. Petitioner in all Crl.O.Ps Vs.

State, rep. by The Inspector of Police, Kovilpalayam Police Station Coimbatore.

..Respondent in all Crl.O.Ps Prayer: Criminal Original Petitions filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in C.C Nos.960, 983, 847 and 848 of 2014 on the file of the Judicial Magistrate No.II, Coimbatore.

For Petitioner : Mr. K.Thenrajan in all Crl.Ops For Respondent : Mr.K.Prabakar in all Crl.Ops Additional Public Prosecutor 1/6

C O M M O N O R D E R (The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 07.12.2019 pursuant to the NBW issued by the Judicial Magistrate No.II, Coimbatore, in C.C No.960, 983, 847 and 848 of 2014 for the alleged offences under Sections 454 and 380 of IPC, seeks bail.

2. The petitioner was arrested and remanded to judicial custody on 07.12.2019 pursuant to the NBW issued by the Judicial Magistrate No.II, Coimbatore in C.C No.960, 983, 847 and 848 of 2014 on 21.06.2018.

3.. The learned counsel for the petitioner would submit that in all the abocw four cases, the petitioner was charged for the offences under Sections 454 and 380 of IPC. The occurrence had taken place during the year 2014. He would further submit that originally the petitioner was granted bail and thereafter, he was regularly appearing before the trial Court. Subsequently, on 21.06.2018 since the petitioner did not appear before the trial Court, NBW was issued on 21.06.2018 and 2/6

thereafter, when he was in remand in connection with Cr.No.65 of 2019 registered by the Sulthanpettai Police Station, the petitioner was produced before the trial Court on P.T warrant on 12.12.2019, The learned trial Judge without notice cancelled the bail and remanded the petitioner to judicial custody. He would further submit that the petitioner is in judicial custody from 07.12.2019. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender. Apart from the cases pending before the respondent police, the petitioner has involved in the case registered by Sulur Police Station for the offence under Section 392 IPC and yet another case has been registered by Udumalpet Police Station for the offences under Sections 454 and 380 of IPC. He would further submit that when the petitioner was on bail in all the cases, he had committed the offences under Sections 454 and 380 IPC, registered by the Sulur Police Station and thereafter, both the Sulur Police Station cases and Kovilpalayam Police Station cases were taken up together for trial and when all the cases were posted on 21.06.2018, the petitioner did not 3/6

appear before the trial Court and hence, the learned trial Judge was pleased to issue NBW on the same day. He would further submit that despite the efforts taken by the respondents, they were unable to arrest him. In the meanwhile during the period of absconding he got involved in Crime No.65 of 2019 registered by the Sulthanpettai Police Station and he was arrested on 07.12.2019 and thereafter P.T.Warrant was issued and he was remanded to judicial custody in all these cases on 12.12.2019. He would further submit that the petitioner has been absconding for the past two years and thereby, the learned trial Judge had cancelled the bail bonds. He would further submit that if the petitioner is let out on bail, there is every possibility that the petitioner absconding once again and it would be very difficult for the respondents to secure him and complete the trial in CC.Nos.Nos.960, 983, 847 and 848 of 2014.

5. At this juncture, the learned counsel for the petitioner requested this Court that a direction may be issued to the learned trial Judge to complete the trial within a time frame fixed by this Court. 4/6

6. Taking into consideration the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

7. In the result, all the Criminal Original Petitions are dismissed. However, a directions is issued to the learned Judicial Magistrate No.II, Coimbatore, to complete the trial in all the above cases as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. 02.07.2020 Index: Yes/No.

Internet/Yes/No Speaking order/Non-speaking order uma To 1.The Judicial Magistrate No.II , Coimbatore.

2. The Superintendent, Central Prison, Coimbatore 3.The Inspector of Police, Kovilpalayam Police Station Coimbatore.

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4. The Public Prosecutor High Court of Madras.

A.D.JAGADISH CHANDIRA,J mst/uma Crl.O.P.Nos.9943, 9957, 9958, 9959 of 2020 02.07.2020 6/6