Mani@Manikandan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2026
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Mani @ Manikandan, M/a. 49 years, S/o.Sugunraj, Life Convict PID No.4954, Now confined in Sub Jail Yanam, Puducherry.
... Petitioner vs.
State by Inspector of Police, Odiansalai Police Station, Puducherry, Crime No.101 of 2017.
... Respondent PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned III Additional District Judge, Puducherry to expedite the trial in the stipulated time fixed by the Court in the case pending trial in S.C.No.21 of 2019 in Crime No.101 of 2017 on the file of the respondent Police. Page No.1 of 13
For Petitioner :
Mr.R.Thamarai Selvan For Respondent :
Mr.M.V.Ramachandra Murthy, Public Prosecutor, Puducherry
ORDER
The petitioner/A11 in S.C.No.21 of 2019 facing trial for offence under Sections 420, 120(B), 427, 448, 324, 395, 294(b), 506(ii) r/w 149 IPC, has filed this petition to expedite the trial within the stipulated time fixed by this Court.
2.Learned counsel for the petitioner submitted that the petitioner is a life convict and now confined in Sub Jail, Yanam. The petitioner was convicted in S.C.No.15 of 1999 and sentenced to undergo life imprisonment on 05.04.2000. Challenging the same, the petitioner preferred an appeal in Crl.A.No.379 of 2000 and this Court dismissed the appeal on 01.04.2003 confirming the conviction. From the date of conviction, the petitioner is in jail for the past 26 years. He further submitted that this case registered in Crime No.101 of 2017 on 22.06.2017, thereafter, the petitioner arrayed as A11 as though he Page No.2 of 13
instigated the other accused when the petitioner was in jail. In this case, the defacto complaint filed a direction petition before this Court in Crl.O.P.No.2565 of 2024 seeking direction to the trial Court to examine the defacto complainant/LW1 and her sister/LW2 through video conference since they are residing in France. This Court by order dated 28.02.2024 directed the trial Court to make arrangements for examination of the defacto complainant/LW1 and her sister/LW2 through video conference who are now in France, within a period of four weeks, and thereafter complete the trial proceedings in S.C.No.21 of 2019, within a period of four months. Since the trial was not completed, the petitioner filed Crl.O.P.No.18033 of 2024 seeking a direction to expedite the trial in S.C.No.21 of 2019. This Court on 07.02.
2025 disposed of the petition directing the trial to be completed within a period of six months. In the meanwhile, the defacto complainant filed a petition before the trial Court in Crl.M.P.No.14 of 2025 seeking reinvestigation into the power of attorney in document No.343 of 2005 dated 07.01.2005. This petition dismissed by the trial Court on 16.04.2025. Challenging the same, the defacto complainant filed revision before this Court in Crl.R.C.No.855 of 2025. This Court by order dated 21.07.2025 narrated the entire sequence Page No.
of events, set aside the order of the trial Court in Crl.M.P.No.14 of 2025 and directed further investigation in Crime No.101 of 2017 with regard to the document No.343 of 2005 and to complete the same within a period of six weeks and to file a final report on or before 01.09.2025. Till then, the trial proceedings stayed. The Court further directed the Indian Embassy in France to assist the defacto complainant/LW1 and her sister/LW2 in giving evidence through video conference. Thereafter, the trial not progressed. Hence, he filed the present petition. 3.Learned Public Prosecutor, Puducherry for the respondent Police filed counter and its relevant portion is scanned as follows: Page No.4 of 13
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4.He further submitted that in this case, the petitioner is a life convict and he is also an under trial prisoner facing trial in several cases. The history of the petitioner would show his involvement in criminal cases from the year 2007 onwards. Added to this, the petitioner committed offences while in prison, hence, cases initiated under the Prisoners Act. The petitioner has history of notoriety. It is further submitted already documents sent to the Forensic Expert and availing report. In the meanwhile, as per the order of this Court in Crl.R.C.No.855 of 2025, steps taken through the Indian Embassy at France to make arrangements to examine the defacto complainant/LW1 & her sister/LW2 through video conference since they are unable to travel to Puducherry due to their old age and fear for their life.
The steps taken for video conference and Forensic Report are in progress and there is no delay on the part of the respondent Police. As soon as the Forensic Report is received and the video conference facility is arranged, the trial can be completed, without any further delay. Hence, he prayed for dismissal.
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5.Considering the submissions and on perusal of the materials as well as narration of above facts, it is seen that the petitioner has several cases to his credit and, is also a life convict. The petitioner's plea is that due to pendency of the case in S.C.No.21 of 2019, his premature release not considered. This might not be a valid ground since the petitioner, apart from this case, has several cases, some of which are pending trial. To be noted that the petitioner does not automatically get qualified on undergoing period of sentence alone for premature release. The petitioner's contention that pendency of the above case alone is obstructing his premature release, is contrary to his antecedents and conduct.
6.In the result, this Court does not find any merit consideration in the submissions of the learned counsel for the petitioner. 7.Accordingly, this Criminal Original Petition stands dismissed. 15.04.2026 Index: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.11 of 13
To 1.The III Additional District Judge, Puducherry.
2.The Inspector of Police, Odiansalai Police Station, Puducherry, 3.The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
vv2 15.04.2026 Page No.13 of 13