Madras High CourtCRL OP/18356/2020dismissed

Manickam v. State Rep By,

2020-11-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18356 of 2020 Manickam ... Petitioner Vs.

State Rep. by Inspector of Police G-5, Secretariat Colony Police Station Chennai ... Respondent in both Crl.Ops.

Prayer: Criminal Original Petitions filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in S.C.No.176 of 2019, pending on the file of the XVI Additional Sessions Court, Chennai. For Petitioner : Mr.R.Muthukumar For Respondent : Mr.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) It is a case of jumped bail. The petitioner is facing Trial in S.C.No.176 of 2019 for the offences under Section 341, 294(b), 336, 427, 392, 397 and 506(ii) IPC. Totally there are two accused in this case and the petitioner herein is A2. NBW is issued on 19.11.2019 and the trial is yet to be commenced in this case. The petitioner was earlier granted bail by this Court and since he did not comply with the conditions imposed by the Court, NBW has been issued against him.

2. The learned counsel appearing for the petitioner would submit that the petitioner is A2 in this case and he is facing trial in S.C.No.176 of 2019 for the offences under Section 341, 294(b), 336, 427, 392, 397 and 506(ii) IPC and the case is pending trial before the learned XVI Additional Sessions Court, Chennai, and the petitioner was arrested pursuant to NBW. The further contention of the petitioner is that he is in prison for 11 months and the trial is yet to commence.

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3. The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner was earlier granted bail by this Court and thereafter he had failed to comply with the conditions imposed by this Court and hence, NBW issued against him and the petitioner was arrested on 19.12.2019. He would further submit that the petitioner has got 21 previous cases against him and the petitioner has yet another murder case.

4. Considering the antecedents of the petitioner, this Court is not inclined to grant bail. However, the learned Trial Judge is hereby directed to dispose of S.C.No.176 of 2019 as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal original petition stands dismissed.

-sd/- 23/11/2020 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 XVI ADDITIONAL SESSIONS COURT, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, G-5,SECRETARIAT COLONY POLICE STATION, CHENNAI.

4 THE SUPERINTENDENT,CENTRAL PRISON, PUZHAL +1 CC to M/S.R.MUTHUKUMAR Advocate on payment of necessary charges SR.NO.7780 CRL OP.18356/2020 Date :23/11/2020 GKS:01/12/2020 https://hcservices.ecourts.gov.in/hcservices/