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Madras High CourtCRL OP/26914/2023dismissed

Mohammed Rasul v. State Rep.By

2023-12-06Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The accused in S.C.No.43 of 2018, now pending before the II Additional District and Sessions Judge, Tiruvallur, Poonamallee, seeks bail. Originally Crime No.1066 of 2017 had been registered under Section 174 Cr.P.C, and subsequently altered to Section 302 IPC with respect to an occurrence which took place on 26.09.2017, which is nearly more than 6 years back.

2.It is the case of the prosecution that the sanitary worker of Chennai Corporation had been informed that a dead dog was covered in a gunny bag and thrown behind the Fish market. There was a bad smell emanating from the gunny bag and he was asked to move the gunny bag away. When the Corporation worker moved the gunny bag to some distance and opened up the gunny bag, he found a human body without head, legs and hands. Thereafter, a complaint had been lodged. 3.The petitioner had absconded from judicial trial on 02.02.2021 and was secured only on 04.03.2023. It had taken more than two years to 1/3

secure him. Now the trial is in process and it is stated that it is next posted on 06.12.2023/today for examination of LWs 18, 19 & 20. I am confident that the learned Sessions Judge would keep in mind the period of incarceration of the petitioner herein and endeavour to complete the trial within a reasonable period of time. Let the trial be completed. 4.Taking the seriousness and the nature of the offences involved and also the fact that the petitioner had earlier absconded, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

06.12.2023 sli 2/3

C.V.KARTHIKEYAN , J.

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