Anburaj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9798 of 2022 IN S.C.NO.125 of 2019 (On the file of III Additional District Judge,Salem) ANBURAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OFPOLICE, ATTUR POLICE STATION, ATTUR.

(CR.NO.394/2018) For Petitioner : MR. M.G.UDAYASHANKAR Advocate For Respondent : M/S.G.V.KASTHURI Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested for the alleged offence under Sections 201 and 302 I.P.C. in Crime No.394 of 2018, seeks bail.

2. The petitioner, who is arrayed as an accused in a case of murder was found intimidating PW8 and therefore, the bail was cancelled by the learned III Additional District Judge, Salem and the petitioner is in prison since 29.03.2022.

3. The learned counsel for the petitioner would state that he had not indulged in any intimidation of any witnesses and he is ready to abide by any condition.

4. However, considering the reasoning stated by the learned III Additional District Judge for cancelling the bail and the remand https://hcservices.ecourts.gov.in/hcservices/

order, this Court is of the view that it is not conducive for fair trial to entertain this petition. Hence, this petition for bail is dismissed.

5. The learned Additional Public Prosecutor for respondent police states that so far 8 witnesses have been examined out of 31 witnesses cited and the prosecution is proposed to examine another 10 to 12 witnesses. Considering the said fact, while dismissing the bail petition, the respondent police is hereby directed to marshal the witnesses without fail and complete the trial. The trial Court is also directed to conduct the trial as expeditiously as possible and complete the trial within a period of 45 days from today. If the trial is delayed beyond 45 days and the reason for the delay is not attributable to this petitioner, the petitioner is at liberty to move this Court again for bail.

-sd/- 28/04/2022 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 III ADDITIONAL DISTRICT JUDGE, SALEM.

2 THE INSPECTOR OFPOLICE, ATTUR POLICE STATION, ATTUR,SALEM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. M.G.UDAYASHANKAR Advocate on payment of necessary charges SR.No.6436 CRL OP.9798/2022 Date :28/04/2022 CSK 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/