Mithun @ Muthunkumar v. State By

Crl.O.P.Nos.9398 & 9402 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 05.12.2021 in S.C.No.58 of 2022 pending on the file of the learned III Additional District and Sessions Judge, Puducherry in connection with Crime No.185 of 2021 registered by the respondent police for the alleged offences punishable under Sections 120B, 109, 147, 148, 341, 302 of IPC and Sections 3 & 4 of the Explosives Substances Act, 1908 r/w Sections 301, 149 of IPC, seeks bail.

2. Learned counsel appearing for the petitioners submitted that the petitioner in Crl.O.P.No.9398 of 2024 is arrayed as A28 and this is his second bail application and the petitioner in Crl.O.P.No.9402 of 2024 is arrayed as A26 petitioner and this is his third application for bail. He further submitted that despite the direction issued by this Court, trial is not yet completed and the petitioners are suffering incarceration from 05.12.2021, hence, he prayed for bail stating that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. 1/4

3. Learned Public Prosecutor (Puducherry) appearing for the respondent police raised objection for granting bail to the petitioners stating that the case in S.C.No.58 of 2022 is at the fag end of the trial and now it stands posted for examination of IO on 22.04.2024 and the respondent would be able to complete the trial as expeditiously as possible. Therefore, if the petitioners are enlarged on bail at this stage, there is a possibility of them absconding and derail the progress of the trial.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor (Puducherry) appearing for the respondent and perused the materials available on record.

5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Public Prosecutor (Puducherry) and taking note of the fact that it is a case of double murder and considering that the case now stands posted for examination of the Investigating Officer, this Court is not inclined to grant bail to the petitioners. However, the trial Court is directed to complete the trial as expeditiously as possible preferably 2/4

within a period of two months from the date of receipt of a copy of this order, without giving unnecessary adjournments.

6. Accordingly, these Criminal Original Petitions stand dismissed. 17.04.2024 ham 3/4

T.V.THAMILSELVI,J.

ham Crl.O.P.Nos.9398 & 9402 of 2024 17.04.2024 4/4