Bijoy Nayak v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION Nos.11480 & 11483 of 2022 IN S.C.Nos.97 of 2016 & 115 of 2018 (On the file of Hon`ble Additional District Sessions Judge, Chengalpet) 1 BIJOY NAYAK [ PETITIONERS / ACCUSED ] 2 SANJAY BALA IN CRL.O.P.No.11480/2022 ] 3 GEORGE MUNDA SHIV OM NAYAK [ PETITINER / ACCUSED IN CRL.O.P.No.11483/2022 ] Vs STATE REP BY [ RESPONDENT INSPECTOR OF POLICE, IN BOTH PETITIONS ] S10, PALLIKARANAI POLICE STATION, CHENNAI-100 CRIME NO.3233 OF 2015.

For Petitioner : M/S. S.PALANIVEL Advocate [IN BOTH PETITIONS] For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were arrested and remanded to judicial custody pursuant to non bailable warrants issued by the Trial Court due to the non appearance of the petitioners at the stage of framing of charges and they seek bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondent.

3. It is seen that the petitioners belong to the State of Assam. The case has been pending for a long time and in fact, it was split up for A1. The case does not seem to be moving due to the non appearance of the accused persons and as a result of the same, even the charges have not been framed.

4. The learned Government Advocate (crl.side) submitted that there are totally 17 witnesses in this case and if time limit is fixed by this Court, the trial itself can be completed.

5. Taking into consideration the facts and circumstances of these cases, this Court is not inclined to enlarge the petitioners on bail. The case is at the stage of framing of charges for the last six years. Hence, there shall be a direction to the learned Additional District and Sessions Judge, Chengalpet to complete the proceedings in S.C.No.97 of 2016 and S.C.No.115 of 2018 within a period of three months from the date of receipt of a copy of this order. The trial shall be conducted on a day to day basis without granting any unnecessary adjournment.

6. Both the Criminal Original Petitions are dismissed with the above direction.

-sd/- 18/05/2022 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHENGALPET.

2 THE INSPECTOR OF POLICE, S10, PALLIKARANAI POLICE STATION, CHENNAI .

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.PALANIVEL Advocate on payment of necessary charges CRL Ops.11480 & 11483/2022 Date :18/05/2022 JPA 20/05/2022