Anandh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10557 of 2020 Anandh ... Petitioner Vs.

State rep. by ... Respondent The Inspector of Police CBCID Police Station Nagapattinam Nagapattinam District.

(Crime No.01 of 2015) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.01 of 2015 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The learned counsel for the petitioner submits that the petitioner was arrested and remanded to judicial custody on 17.12.2019 and he would submit that the occurrence is of the year 2011 registered by the Sirkali Police Station. Thereafter, since there was no clue, the case was transferred to the file of the respondent during the year 2015 and after four years. The petitioner was arrested on 17.12.2019 on suspicion, the petitioner is in custody for more than seven months. He would submit that the petitioner is innocent and he has been arrested only based on the suspicion, thereby he would seek for bail.

2. The learned Government Advocate (Crl.side) would submit that it is the case were three persons have been murdered for gain, after very great difficulty, the accused along with the other accused have while committing the robbery, committed the murder of three persons, he would submit that the bail application filed by a co-accused who

has been similarly placed came up for consideration in Crl.OP.No.9741 of 2020 before His Lordship Mr.Justice G.K.ILantharian, J was pleased to dismiss the petition with a direction to the trial Court to complete the trial within a period of 12 months. He would oppose for grant of bail.

3. Mr.Om Prakash, seeks permission to appear for the intervenor.

4. Heard, the learned counsel for the petitioner, learned Government Advocate (crl.side) and the learned counsel for the intervenor.

5. It is the case were three persons have been murdered for gain. Originally the case had been registered by Sirkali Police Station in Cr.No.527 of 2011, since, there was no progress in the investigation, the case had been transferred to the file of the respondent/CBCID and after five years, they were able to break through the case and arrested the accused on 17.12.2019. The bail application in respect of the co-accused who have been similarly placed has been dismissed by this Court in Crl.OP.No.9741 of 2020 dated 03.07.2020 and this Court while dismissing the bail application directed the trial Court to complete the trial within a period of 12weeks. The petitioner is also similarly placed.

6. Taking into consideration of the above submissions made by the learned counsel, this court is inclined to dismiss this petition. The Trial Court is hereby directed to comply with the directions of this Court made in Crl.O.P.No.9741 of 2020 dated 05.07.2020 .

7.With the above direction, this Criminal Original Petition stands dismissed.

-sd/- 20/07/2020 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 INSPECTOR OF POLICE, CBCID POLICE STATION, NAGAPATTINAM, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.10557/2020 Date :20/07/2020 TA-14/08/2020