Ayyappan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12509 of 2022 S.C.NO.193 of 2020 (ON THE FILE OF XX ADDITIONAL JUDGE AT EGMORE AT ALLIKULAM) 1 AYYAPPAN [ PETITIONERS / ACCUSED ] 2 KARTHIK @ KOPPAI KARTHICK Vs STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, R-2 KODAMBAKKAM POLICE STATION, CHENNAI-600 024.
CR.NO.497 OF 2020.
For Petitioner : M/S.B.SHANKAR Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 17.09.2020 for the offences punishable under Section 302 r/w 34 of IPC in crime No.497 of 2020 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the defacto complainant's son was murdered by somebody at the ground Trustpuram. According to the defacto complainant, his son was lastly seen with the petitioners/A1 & A2.
3. The learned counsel for the petitioners would submit that the petitioners are arrayed as A1 and A2 and they were arrested and remanded to judicial custody on 17.09.2020. He would further submit
that the respondent completed investigation and filed final report, which was taken cognizance in SC.No.193 of 2020 and the same is pending for trial on the file of the learned XX Additional Judge, Egmore at Allikulam.
4. The learned Additional Public Prosecutor submitted that the petitioners are habitual offenders and as far as the first petitioner is concerned, he is having 14 previous cases and that the second petitioner has 12 previous cases.
5. On perusal of the crime numbers produced by the learned Additional Public Prosecutor, the first accused involved in 14 previous cases, that too for various offences including the offences under Sections 392, 397 of IPC. Insofar as the second petitioner is concerned, he is having 12 previous cases including the offences under Sections 392 and 397 of IPC. After completion of investigation, the respondent filed final report and the same has been taken cognizance in SC.No.193 of 2020 on the file of the learned XX Additional Judge, Egmore at Allikulam. So far, the prosecution have examined 22 witnesses out of 28 prosecution witnesses. Therefore, the trial is at the stage of fag end. At this juncture, if the petitioner is released on bail, it causes trouble in conducting trial. Thus, this court is not inclined to grant bail to the petitioners.
6. Accordingly, this criminal original petition is dismissed. However, the trial court is directed to complete the trial within a period of three months from the date of receipt of copy of this order.
-sd/- 06/06/2022 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 XX ADDITIONAL JUDGE, EGMORE, ALLIKULAM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, R-2 KODAMBAKKAM POLICE STATION, CHENNAI-600 024.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
CC to M/S.B.SHANKAR Advocate on payment of necessary charges CRL OP.12509/2022 Date :06/06/2022 TA-09/06/2022