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Madras High CourtCRL OP/14218/2025dismissed

Soundararajan v. State Rep By

2025-06-10Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Soundararajan ... Petitioner/A2 Vs.

State rep. by The Inspector of police, Arachalur Police Station, Erode District.

Crime No.68 of 2010 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.68 of 2010 on the file of the respondent police. For Petitioner :

Mr.M.Vijaya Ragavan For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side).

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 29.05.2024, in S.C.No.134 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram ( Fast Trak Mahila Court), Erode for the offence punishable under Sections 447, 392 read with Section 397 read with Section 34 of IPC in Crime No.68 of 2010 on the file of the respondent. 1/6

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.134 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram ( Fast Trak Mahila Court), Erode. He further submitted that since the petitioner was ill, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 03.09.2019 and pursuant to the same, he was arrested on 29.05.2024. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that that the case is of the year 2010 and the mother case is S.C.No.103 of 2011 and since the petitioner was absconding, the case against him got split up in S.C.No.134 of 2013. He further submitted that, earlier the Non Bailable Warrant was issued against the petitioner during the year 2014, pursuant to which, petitioner was secured in the year 2018 and again thereafter, in the year 2019, petitioner got absconded and NBW was issued on 03.09.2019 and with great difficulty, petitioner was secured on 29.05.2024. He further submitted that the mother case in S.C.No.103 of 2011 was proceeded against A1 and A3, 2/6

wherein A1 got convicted and A3 got acquitted. He further submitted that there are 15 previous cases pending against the petitioner, which are as follows: S.No Crime Number Status Kodumudi Police Station Crime No.138 of 2010 Under Sections 457, 380 of IPC Convicted Malayampalayam Police Station Crime No.164 of 2009 Under Section 392 of IPC Convicted P.Vellore Police Station Crime No.228 of 2010 Convicted Thiruchangode Police Station Crime No.197 of 2010 Under Section 392 of IPC Acquitted Paramathi Vellore Police Station Crime No.360 of 2017 Under Sections 457, 380 of IPC Convicted Thanjavur Tamil University Police Station Crime No.362 of 2012 Under Section 392 of IPC Convicted Thanjavur Vallam Police Station Crime No.480 of 2012 Under Section 380 of IPC Convicted Thanjavur Town West Police Station Crime No.412 of 2012 Convicted Thanjavur South Police Station Crime No.342 of 2012 Under Section 380 of IPC Convicted Jedarpalayam Police Station Crime No.226 of 2010 Under Sections 454, 380 of IPC Pending 3/6

S.No Crime Number Status 11.

Kumarapalayam Police Station Crime No.32 of 2010 Under Sections 452, 342, 392 of IPC NBW Pending Arachalur Police Station Crime No.68 of 2010 Pending Thanjavur Taluk Police Station Crime No.224 of 2012 Convicted Vellore Gudiyatham Taluk Police Station Crime No.234 of 2023 Case discharged Thanjavur Thirukattupalli Police Station Crime No.259 of 2013 Acquitted He further submitted that, in this case, only limited witnesses and therefore the trial can be completed within the stipulated time.

4. In view of the above, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial within a period of four months from the date of receipt of copy of the order. 10.06.2025 sma 4/6

To 1.The Inspector of police, Arachalur Police Station, Erode District.

2. The Public Prosecutor, High Court of Madras.

5/6

M.NIRMAL KUMAR, J.

sma 10.06.2025 6/6