Madras High CourtCRL OP/10806/2020dismissed with direction

P.Baskar v. State By

2020-08-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10806 of 2020 P.Baskar ... Petitioner Vs.

State Rep. by The Station House Officer, Mettupalayam Police Station, Puducherry.

Crime No.84 of 2017.

... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.84 of 2017, on the file of the respondent police. For Petitioner : Mr.P.Veeraraghavan For Respondent : Mr. M.K.Prabakar Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The learned counsel for the petitioner would submit that earlier the co-accused filed the petition in this Hon'ble Court in Crl.O.P.No.14361 of 2019, order dated 10.06.2019, while dismissing the petition had directed the trial Court to complete the trial within a period of six months from the date of receipt of copy of this order and even after lapse of one year the trial has not been completed. He would also submit that 79 witnesses has been examined sofar and there is no evidence as against the petitioner and thereby he would seeks bail for the petitioner.

2. The learned Additional Public Prosecutor would submit that earlier this petitioner approached this Court and this Court taking into consideration the serious nature of the allegations against the petitioner was not inclined to grant bail to the petitioner and thereby it was dismissed. He would further submit that if it is true that there is no evidence against the https://hcservices.ecourts.gov.in/hcservices/

petitioner he can very well file an application under Section 232 Cr.PC seeking for an appropriate relief. The trial Court would be the appropriate Court to decide the issue, since all the materials and records are available before the concerned Court.

3. At this juncture, the learned counsel for the petitioner would seek permission of this Court to withdraw the petition, with liberty to file an appropriate petition before the concerned trial Court.

4. It is up to the petitioner to file an appropriate petition before the concerned Court. With the above observation, this petition is closed.

-sd/- 12/08/2020 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 PUBLIC PROSECUTOR PUDUCHERRY 2 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET, PUDUCHERRY.

3 THE STATION HOUSE OFFICER, METTUPALAYAM POLICE STATION, PUDUCHERRY.

CC to M/S.P.VEERARAGHAVAN Advocate on payment of necessary charges CRL OP.10806/2020 Date :12/08/2020 MK:26/08/2020 https://hcservices.ecourts.gov.in/hcservices/