Samy @ Vellaisamy @ Dass @ Ram Doss @ Kumar v. State Rep By
C.V.KARTHIKEYAN, J.
The petitioner is A1 in S.C.No.260 of 2023, now pending before the IV Additional District and Sessions Judge, Coimbatore, seeks bail. Originally, Crime No.1332 of 2011 had been registered by the respondent police for the offences punishable under Sections 449, 392, 302 r/w 34 of IPC.
2.It is stated that final report had also been filed but since the petitioner did not appear before the Court, after due process, he was declared to be a proclaimed offender. The case was split up as against the other two accused and later, after trial, they both were convicted and sentenced to Life Imprisonment. The petitioner was secured only on 18.09.2023, nearly after about 12 years.
3.The learned counsel for the petitioner stated that the petitioner has been in custody in yet another case but even then, he could not have been in custody for the complete period of 12 years. Now the matter is pending trail before the learned IV Additional District and Sessions Judge, Coimbatore.
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4.Let the trial proceed. A direction is given to the learned IV Additional District and Sessions Judge, Coimbatore, to direct the prosecution to marshal the evidence and record the evidence of the witnesses and endeavour to complete the trial on or before 28.02.2024. This timeline can be adhered to only if the learned counsel for the accused co-operate during the course of trial and cross-examine the witnesses. If there is any delay in crossexamination, then the timeline need not be kept up. 5.With these observations and directions, this Criminal Original Petition stands dismissed.
24.11.2023 ata/rjr C.V.KARTHIKEYAN, J.
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