Madras High CourtCRL OP/16327/2016dismissed

Umar Farook, (Aged About v. State Represented By

2016-08-02Honourable Mr Justice S. Vaidyanathan2 pages

Crl.O.P.No.16327 of 2016 S.VAIDYANATHAN, J.

The petitioner, who was arrested and remanded to judicial custody on 13.03.2015 for the alleged offences punishable under Sections 120(b), 450, 396 and 302 IPC in Crime No.365 of 2014 on the file of the respondent police, seeks bail.

2. The petitioner is arrayed as A4 in this case. The case of the prosecution is that the petitioner along with other accused have committed decoity of gold jewels from the defacto complainant by pouring chilli powder on his face. At that time, as the deceased has uttered some comment, the petitioner along with other accused conspired to murder the deceased and assaulted him with deadly weapons and caused his death.

3. Learned counsel for the petitioner submitted that he has not committed any such offence and only on the basis of confession of the coaccused, the petitioner has been impleaded in this case and that he is ready to abide by any condition imposed by this Court. He further submitted that he is in custody for more than one year and four months and that he may be released on bail.

S.VAIDYANATHAN, J.

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4. Learned Government Advocate (Crl. Side) submitted that the case is pending in S.C.No.72 of 2016 before the I Additional Sessions Judge, Tiripur and that if the petitioner is released on bail, he will abscond and the case could not be disposed of and that the petitioner is involved in two previous cases and hence, vehemently opposed for grant of bail to the petitioner.

5. Taking note of the fact that heinous crime has been committed by the petitioner and that he is involved in two previous cases of similar nature, this Court is not inclined to grant the relief sought by the petitioner and the petition is dismissed. As the case pending in S.C.No.72 of 2016, the I Additional Sessions Judge, Tiripur, is directed to conduct the proceedings on a day-to-day basis, without adjourning the case beyond four working days at any point of time and dispose of the case, as early as possible. 02.08.2016 vrc Crl.O.P.No.16327 of 2016