Danasekaran v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15630 of 2020 Danasekaran ... Petitioner Vs.
The State Represented by, The Inspector of Police, Ammapet Police Station, Salem City, (Crime No.482 of 2009) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in connection with S.C.No.270 of 2009 on the file of Special Judge for EC Act Cases, Salem.
For Petitioner : Mr.R.Nalliyappan For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120 (b), 302, 201 r/w 34 @ 302 of IPC in S.C.No.270 of 2009, seeks anticipatory bail.
2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that very recently this Court dismissed the anticipatory bail in Crl.O.P.No.11583 of 2020 dated 03.08.2020. He would further submit that the petitioner is a habitual offender and he is involved in double murder case, which is pending from 2009. There are totally 24 witnesses out of which only 3 witnesses have been examined so far. He further submitted that this petitioner is having 11 previous cases against him like 3 attempt to murder, 1 arms Act, 1 robbery, 3 hurt cases, 2 Extortion cases and twice he has been detained under Goonda's Act. This petitioner has absconded frequently https://hcservices.ecourts.gov.in/hcservices/
and hence NBW was issued on four occasions Viz., 01.09.2015, 18.01.2016, 03.07.2017, 31.07.2019 respectively and he was finally secured on 30.10.2019 through P.T.Warrant on 08.11.2020. 3.Taking into consideration the facts and circumstances of the case, also considering the fact that this Court very recently dismissed the earlier bail petition in Crl.O.P.No.11583 of 2020 dated 03.08.2020 and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. 4.Accordingly, the Criminal Original petition is dismissed with the direction to the learned Special Judge for EC Act Cases, Salem, to complete the trial within a period of six months from the date of receipt of copy of this order. -sd/- 05/10/2020 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 SPEICAL JUDGE FOR EC ACT CASES, SALEM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, AMMAMPET POLICE STATION, SALEM CITY.
CC to M/S.R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.15630/2020 Date :05/10/2020 MK:15/10/2020 https://hcservices.ecourts.gov.in/hcservices/