Anand @ Ganesh @ Kannukutty Ganesh v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12334 of 2020 Anand @ Ganesh @ Kannukutty ganesh ... Petitioner/A8 Vs.

State:

The Station House Officer, Mettupalayam Police Station, Puducherry.

Crime No.84 of 2017.

... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.84 of 2017 on the file of the respondent police. For Petitioner : Mr.G.Mohanakrishnan For Respondent : Mr.V.Balamurugane Additional Public Prosecutor for Puducherry cases

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 22.05.2018 for the offence punishable under Sections 147, 148, 342, 302, 307, 326, 324 of IPC r/w Section 149 of IPC and Section 3 and 4 of Explosive substance act 1908, in Crime No.84 of 2017, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 18.10.2017, the petitioner along with others unlawfully assembled and confined the defacto-complainant and his friends and assaulted three of his friends using knife, veechu Aruval and Country Bomb and caused instantaneous death to them. There are totally 13 accused in this case and the petitioner is A8.Hence a case was registered against the petitioner herein.

3. The learned counsel for the petitioner submitted that already this Court directed the trial Court to complete the trial within a period of six months by an order dated 10.07.2019. Even then, the trial Court did not complete the trial and as such the petitioner sought for bail.

4. The learned Additional Public Prosecutor submitted that the prosecution sofar have examined, out of 98 witnesses 79 witnessed were examined. He also submitted that, due to Covid-19 the trial Court could not able to complete the trial as directed by this Court.

5. Considering the above facts and circumstances, there is absolutely no change of circumstances to consider the present bail petition. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original petition is dismissed.

7. However, trial Court is directed to complete the earlier order passed by this Court, after Covid-19 starting the physical hearing.

-sd/- 25/08/2020 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 JUDICIAL MAGISTRATE NO.IV, PUDUCHERRY.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUDUCHERRY.

3 THE PUBLIC PROSECUTOR PUDUCHERRY.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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

CC to M/S. G.MOHANAKRISHNAN Advocate on payment of necessary charges CRL OP.12334/2020 Date :25/08/2020 MK:07/09/2020