Dharmaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Dharmaraj ... Petitioner/2nd Accused Vs The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

(Crime No.655 of 2021) ... Respondent/Complainant For Petitioner :

Mr.M.Musthafakhan, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No. 655 of 2021 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / 2nd Accused, who was arrested and remanded to judicial custody on 29.07.2024 for the alleged offence under Sections 341, 302, 120(b) of IPC, in Crime No.655 of 2021, on the file of the respondent police, seeks bail.

2. Heard the learned counsel on either side and perused the material records of 1/3

the case.

3. The petitioner was facing trial before the learned Additional District and Sessions Judge, Ramanathapuram in S.C.No.42 of 2022 and the petitioner was arrayed as A2. Since the petitioner did not appear before the Trial Court on 05.01.2023, NBW was issued and it was able to be executed only on 29.07.2024 and the petitioner was produced before the Trial Court and was remanded to judicial custody.

4. The learned Additional Public Prosecutor submitted that questioning under Section 313(1)(b) of CrPC was completed on 26.09.2024. Thereafter, the case is adjourned from time to time on the ground that the accused persons want to examine defence witnesses.

5. In the considered view of this Court, the petitioner has jumped bail and he was able to be secured only after one and half years. This Court also takes into consideration the fact that the prosecution witnesses have already been examined and the questioning under Section 313(1)(b) is also over. Therefore, this Court is not inclined to grant bail to the petitioner. However, considering the long incarceration, this Court directs the learned Additional District and Sessions Judge, Ramanathapuram to complete the proceedings in S.C.No.42 of 2022 within a period of 6 weeks from the date of receipt of a copy of this order. 2/3

6. In the result, this criminal original petition is dismissed with the above directions.

sd/- 08/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.209 of 2025 Date :08/01/2025 RS/SKN/SAR-(22.01.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3