Rubeshkumar Dhiti v. The State Rep By Its,

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 29.12.2021, for the offences punishable under Sections 449 & 302IPC, in Crime No.553 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that since the deceased rejected the love proposal of the petitioner, the petitioner had committed the murder of the deceased by stabbing her in stomach with knife. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner, who is a native of Chhattisgarh is an innocent person. He would further submit that the case is now ripe for trial in S.C.No.38 of 2022 before the learned Sessions (Fast Track Mahila) Judge, Namakkal. He would also submit that the petitioner is in custody from 29.12.2021 and he has to engage the counsel to conduct his case. Therefore, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner had committed murder of the deceased by stabbing her in stomach with knife, since the victim has rejected his love proposal. He would further submit that though the petitioner has been in prison for a long time, he has attempted to escape from the Central Prison, Salem, in respect of which, a case in Crime No.68 of 2022 has been registered by the Hasthampatty Police Station for the offence punishable under Sections 224 & 511 of IPC. He would also state that the petitioner has an inclination to escape from prison, therefore, if the bail is granted to the petitioner, there is every possibility for him to flee away from the clutches of law and thereby, it would derail the progress of trial and since, the petitioner is a native of Chhattisgarh, it would be difficult for the respondent to secure him. Hence, he oppose for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner would request that a direction may be issued to trial Judge to complete the trial within a specific period of time.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the nature of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible within a period of six months from the date of receipt of a copy of this order.

03.11.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 03.11.2022