K.Surya v. The State, Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirtieth day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION NOS.33859, 33862, 33875, 33879 and 33882 of 2019 IN P.R.C.NOS.57 OF 2012 & 97 OF 2011 & 99 OF 2010 [On the file of the learned Judicial Magistrate at Tambaram IN CRL.OP.NOS.33859, 33875 & 33882 OF 2019 IN S.C.NO.68 OF 2010 & 49 OF 2017 [On the file of the learned Additional District and Sessions Judge at Chengalpattu IN CRL.OP.NO.33862 OF 2019 & CRL.OP.NO.33879 OF 2019] K.SURYA [ PETITIONER / ACCUSED IN ALL THE PETITIONS ] Vs THE STATE, REP. BY ITS [ RESPONDENT INSPECTOR OF POLICE, IN ALL THE PETITIONS ] S-14, PEERKANKARANAI POLICE STATION, CHENNAI DISTIRCT.
CRIME NOS.519/2012, 791/2007, 39/2011, 98/2010, 432/2009.
For Petitioner : M/S.KRISHNAMOORTHY Advocate for M/S.ARUN.G Advocate [IN ALL THE PETITIONS] For Respondent : M/S.T.P.SAVITHA, Govt. Advocate ( Crl. Side) [IN ALL THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners were arrested and remanded to judicial custody on 07.01.2019.
2. The case of the prosecution is that on 25.09.2007, at about 20.00 hours, in front of near Annachi provision Store, Kattabomman Street, Kamaraj Nagar the petitioners in all the Crl.O.Ps/ accused joined together with a common object to cause the death Eli A Gopi, inflicted cut injuries with knife and cuased the death of said Eli @ Gopi and hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioners have been in continuous custody for nearly a year now. However, it is a case of the prosecution that there are about 51 cases as against the petitioners. The details of the cases are still now pending against the petitioners are as follows: 519/2012 294(b), 323, o.33859 Total No. of accused 4 A-1 Surya NBW issued on A-2 Gaja @ GajendranNo.57/2012 JM Court, Tambaram.
Case stands posted to 05.02.2020
2. 39/2011 392, 307, (ii) o.33875 Total No. of accused 4 A-1 Udhaya @ Udhayaraj died A-2 Surya NBW issued on No.97/2011 JM Court, Tambaram.
A-4 Otteri Karthik - Detained under Act 14 by S-5, Pallavaram P.S.
Case stands posted to 05.02.2020
98/2010 147, 148, r/w.120(b) o.33879 Total No. of accused 6 Stands posted to 05.02.2020 for framing charges.
A-1 Udhaya @ Udhayaraj died A-2 Split up SC No.153/2019.NBW is pending since 26.11.2019.
SC No.
No.49/2017 ADJ, Chengalpatt u A-3 Gaja @ Gajendran - Split up SC No.153/2019 A-4 Jebasekhar - presnet A-5 Surya. NBW issued 11.07.2017 executed on 14.03.2019 through PT warrant.
A-6- Samrat Chanakyan - Died A-7 Manikandan -
Present
4.
432/2009 307 IPC o.33882 Total No. of accused 3 A-1 Chanakyan is died A-2 Surya NBW issued on No.99/2010 JM, JM Court, Tambaram
791/2007 148, r/w 149 IPC o.33862 Total No. of accused 5 Stands posted to 05.02.2020 for examination of LW-12.
A-1 Vasantha Kumar -
Present
SC No. 68 / ADJ, Chengalpatt u A-2 Surya. NBW issued 04.04.2018 executed on 25.03.2019 through PT warrant.
A-3 Gaja @ Gajendran - A-4, Jeevanandam - Presnet A-5, Muthukumar - present
4. One another fact which has to be considered is in the report of the Judicial Magiastrate I, Tambaram, wherein he had stated that the Non Bailable Warrant issued against the other accused A3 Silendar had been recalled by this Court on 26.09.2019. But the said accused has not appeared before the Judical Magistrate. It is seen that the intention of the accused person is to evade from the judicial process.
5. The learned counsel for the petitioners stated that the present petitioner had suffered fractures in hand and leg and requires treatment. In the report given by the Magistrate, it is also stated that if the petitioner is produced on 05.02.2020, the case will be split up and would be transferred to the case of Sessions.
6. Insofar as the injuries suffered by the accused are concerned, a direction is issued to the Jail Authorities to give proper treatment to the injured petitioner/accused.
7. Taking into consideration of the antecedents of the petitioners and also the fact that the co-accused had taken wrongful advantage of the order recalling NBW, I am not inclined to grant bail to the petitioner. Accordingly, the bail applications are dismissed.
-sd/- 30/01/2020 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 JUDICIAL MAGISTRATE NO.I, TAMBARAM 2 THE JUDICIAL MAGISTRATE, TAMBARAM 3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHENGALPATTU 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS-104 6 THE INSPECTOR OF POLICE, S-14, PEERKANKARANAI POLICE STATION, CHENNAI DISTIRCT.
CC to M/S.ARUN.G Advocate on payment of necessary charges | Crl.O.P.Nos.33859, 33862, 33875, 33879 and 33882 of 2019 Date :30/01/2020 MK:06/02/2020