Samy @ Vellaisamy @ Dass @ Ram Doss @ Kumar v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Samy @ Vellaisamy @ Das @ Ram doss @ Kumar ... Petitioner/A1 Vs State of Tamil Nadu Rep by Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District.

(Crime No.1332 of 2011) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail pending trial in S.C.No.260 of 2023 on the file of the learned IV Additional District and Sessions Judge, Coimbatore.

For petitioner : Mr.T.Shunmugarajeswaran For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.12.2024 pursuant to the non-bailable warrant issued in S.C.No.260 of 2023 on the file of the IV Additional District and Sessions Judge, Coimbatore, in connection with Crime No.1332 of 2011 registered for the offences punishable under Sections 449, 392, 302 r/w 34 of IPC, seeks bail. 2.The contention of the learned counsel for petitioner is that the petitioner is arrayed as A1 in Crime No.1332 of 2011, which was culminated into S.C.No.313 of 2012, later split up for non-appearance of the petitioner in S.C.No.260 of 2023. NBW was issued against the petitioner on 21.08.2024, he was arrested on 08.12.2024 and he is in prison for 7 months. Further in this case 5 witnesses examined. The petitioner cross examined all 5 witnesses. There are remaining 15 witnesses. The petitioner will co-operate with the trial and complete the trial without any delay. 2/6

3.The learned Government Advocate strongly opposed the petitioner's contention submitting that the offence is of the year 2011. There are 3 accused in this case. On conclusion of investigation, charge sheet filed in S.C.No.313 of 2012 against all the 3 accused. The petitioner absconded on 16.07.2013 and the case has been kept pending for several years. Later the case got split up and proceeded against A2 and A3 in S.C.No.313 of 2012. Both the accused convicted by the trial Court, against which, A2 and A3 preferred an appeal before this Court in Crl.A.Nos.1054 of 2022 and 443 of 2019, respectively. This Court has also confirmed the conviction. Further it is a murder for gain. The petitioner was earlier declared as proclaimed offender. After sustained effort the petitioner could be apprehended and NBW issued against him. Hence, strongly opposed for granting bail to the petitioner. 3/6

4.The learned counsel for petitioner refuted the same stating that though A2 and A3 were charged for offence under Sections 302 and 392 of IPC and convicted by the trial Court, this Court acquitted A2 and A3 for offence under Section 302 of IPC and convicted for offence under Section 392 of IPC.

5.Considering the submissions made on either side, it is seen that the petitioner is facing charge for the offence of murder for gain. It is for the petitioner to prove the same before the trial Court. In view of the same, this Court is not inclined to entertain this bail petition and the same is dismissed. 6.The trial Court is directed to give priority and conclude the trial within a stipulated period considering the fact that the case is of the year 2010.

07.07.2025 rsi 4/6

To:

1. Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District.

2.The IV Additional District and Sessions Judge, Coimbatore.

3.The Public Prosecutor, High Court Madras.

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M.NIRMAL KUMAR, J.

rsi 07.07.2025 6/6