← Library
Madras High CourtCRL OP/16862/2020disposed of

Ramki v. The State Rep By,

2020-10-28Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.16862 of 2020 Ramki ... Petitioner Vs.

State rep. By ... Respondent The Inspector of Police, Tambaram Police Station, Chengalpattu.

(Crime No.609 of 2009) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.609 of 2009 on the file of the respondent police. For Petitioner : Mr.T.Padmanabhan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 10.06.2019 for the offence punishable under Section 302 of IPC, in Crime No.609 of 2009 on the file of the respondent police, seeks bail.

2. It is a case of jumped bail. Since the petitioner did not appear before the trial Court on 14.12.2016 in connection with case in S.C.No.252 of 2009, the learned Additional District and Sessions Judge, Chengalpattu, issued NBW against the petitioner pursuant to which, the petitioner was arrested on 10.06.2019. 3.The learned counsel appearing for the petitioner would submit that the petitioner was regularly appearing before the trial Court and on 14.12.2016, the petitioner had to attend the funeral ceremony of his paternal uncle and thereby, he was unable to appear before the trial Court following which, the learned Sessions Judge issued NBW against the petitioner. Thereafter, the petitioner was arrested in another case and the respondent arrested the petitioner on 10.06.2019 through P.T. Warrant. He would submit that the petitioner has been suffering incarceration for more than one year and that the petitioner undertakes to appear before the trial Court on all future hearing dates without fail. Hence, he prays for grant

of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the case is of the year 2009 and the petitioner along with other accused was charged for offence under Section 302 IPC and that the case has been taken on file in S.C.No.252 of 2009 on the file of the Additional District and Sessions Judge, Chengalpattu. He would submit that the petitioner did not appear before the Court on 14.12.2016 and thereby, the trial Court had issued NBW against the petitioner and that the petitioner was arrested on 10.06.2019 after a period of 21⁄2 years through P.T. Warrant. He would submit further submit that all the witnesses have been examined and only the Investigation Officer remains to be examined. He would further submit that apart from this case, the petitioner has got 36 cases to his credit as detailed below;

S.No.

Station Crime No.

Sections S11 Tambaram P.S.

609/2009 302 IPC Anna Nagar P.S.

1060/200 147, 148, 341, 394, 324, 307, 506(ii) IPC Thiru.Vi.Ka.P.S.

210/2010 341, 392, 397, 336, 506(ii) IPC R.K.Nagar P.S.

569/2011 341, 324, 506(ii) IPC S8 Adambakkam P.S. 476/2011 379 IPC Rajamangalam P.S.

1712/201 379 IPC S7 Madipakkam P.S. 1005/201 457, 380 IPC Koratur P.S.

06/2012 457, 380 IPC Koratur P.S.

213/2012 294(b), 323, 392, 397, 506(ii) IPC Adyar P.S.

202/2012 379 IPC SRM P.S.

26/2012 379 IPC Kodungaiyur P.S.

74/2012 379 IPC S6 Sankar Nagar P.S.

4249/201 379 IPC Kodungaiyur P.S.

176/2012 379 IPC Sriperumbuthur P.S.

948/2013 147, 148, 294(b), 341, 324, 323, 307 IPC S11 Tambaram P.S.

843/2013 379 IPC S12 Chitlapakkam P.S.

664/2013 379 IPC

S12 Chitlapakkam P.S.

782/2013 341, 294(b), 379, 336, 427, 506(ii) IPC Pattabiram P.S.

01/2014 147, 148, 341, 325, 302 IPC Puzhal P.S.

955/2014 341, 294(b), 336, 427, 392, 397, 506 (ii) IPC Sholavaram P.S.

185/2014 399 IPC Maharal P.S.

(Kanchee) 44/2015 120(b), 147, 148, 302 r/w 3 of TNPPDL Act Kanchipuram T.K.P.S.

141/2015 294(b), 307, 506(ii) IPC r/w 3 of TNPPDL Act S15 Selaiyur P.S.

02/2015 457, 380 IPC S15 Selaiyur P.S.

91/2015 379 IPC Thiruvanmiyur P.S. 616/2015 379 IPC Valathi P.S.

103/2016 457, 380 IPC Thirumullaivail P.S.

1941/201 341, 294(b), 323, 336, 427, 392, 397, 506(ii) IPC Sembiyam P.S.

866/2018 341, 336, 397, 506 (ii) IPC Sembiyam P.S.

382/2018 457, 380 IPC Sembiyam P.S.

503/2018 379 IPC Sembiyam P.S.

533/2018 379 IPC Sembiyam P.S.

776/2018 379 IPC S15 Slaiyur P.S.

400/2018 379 IPC Kodungaiyur P.S.

59/2019 379 IPC Kelambakkam P.S.

254/2019 294(b) IPC r/w 7(1) CLA Act

5. Taking into consideration that the Sessions Case is of the year 2009 and the fact that all the witnesses have been examined and the Investigation Officer only remains to be examined and also taking into account the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. However, the learned Additional District and Sessions Judge, Chengalpattu, is directed to complete the trial in S.C.No.252 of 2009 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition is disposed of .

-sd/- 28/10/2020 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHENGALPATTU.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENGALPATTU.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL AT CHENNAI.

CC to M/S.T. PADMANABHAN Advocate on payment of necessary charges CRL OP.16862/2020 Date :28/10/2020 TA-03/11/2020